Gildersleeve v. Lee
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. In Banc. This suit involves the right of plaintiff to convey a fee-simple title to real property. It comes here from the court below as the result of litigation between the parties to a real estate contract pertaining to the sale of 200 acres of land. The plaintiff, Frank E. Gildersleeve, instituted a suit for specific performance of a written contract relating to the sale of land, against defendant Robert E. Lee, the purchaser.
Read the full summary
From Wallowa: John W. Knowles, Judge. In Banc. This suit involves the right of plaintiff to convey a fee-simple title to real property. It comes here from the court below as the result of litigation between the parties to a real estate contract pertaining to the sale of 200 acres of land. The plaintiff, Frank E. Gildersleeve, instituted a suit for specific performance of a written contract relating to the sale of land, against defendant Robert E. Lee, the purchaser. The defendant, answering, admits substantially all the allegations of plaintiff’s complaint, but alleges as a defense that the…
1Opinion of the CourtBrown, J.
The pivotal point in this case is the right of the plaintiff to convey a title in fee to the land devised to him by his wife, Pearl D. Gildersleeve. The power of plaintiff to convey a fee-simple estate depends upon the terms of the will.
1. In construing a will, its provisions must be considered together; the words are to be taken in their usual and ordinary sense, unless it appears that they are used in a technical or a special sense, or unless when applied to the subject matter they have a technical or special meaning; and the intention of the testator is paramount and controlling, so far as…
2Cases cited17 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Grace v. PerrySupreme Court of Missouri · 1906
- Boyd v. StrahanIllinois Supreme Court · 1865
- Savage v. SavageOregon Supreme Court · 1908
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Edds v. Mitchell, Admr.Texas Supreme Court · 1945
- Holohan v. McCarthyOregon Supreme Court · 1929
- Fields v. FieldsOregon Supreme Court · 1931
- Stubbs v. AbelOregon Supreme Court · 1925
- Calvert v. ThompsonCourt of Appeals of Texas · 1960
19 more not listed; retrieve them via the Exa API.