Legal Opinion

Trustees of Presbytery v. Hammer

Oregon Supreme Court

Decided October 23, 1963PublishedCited by 5 opinions

1Opinion of the CourtO’Connell, J.

This is an appeal from a decree quieting title and removing a' cloud from the title claimed by plaintiff. *566Defendants assert that the title held by plaintiff is subject to a trust for the maintenance and upkeep of the Pleasant Grove Presbyterian Church and a contiguous cemetery.

The land in question was conveyed by Cyrenius and Jane Condit to the Trustees of Pleasant Grove Presbyterian Church, their successors and assigns forever. The deed contained no statement of trust purposes.

The parol evidence rule presents no impediment to the establishment of a trust where the deed neither affirms or…

2Cases cited6 opinions

  1. Presbytery of Bismarck v. AllenNorth Dakota Supreme Court · 1946
  2. Boden v. RenihanMichigan Supreme Court · 1941
  3. Masquart v. DickOregon Supreme Court · 1957
  4. Community Volunteer Fire Co. v. City National BankNew York Supreme Court · 1939
  5. Fellman v. FellmanOregon Supreme Court · 1916

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hope Presbyterian Church v. Presbyterian ChurchOregon Supreme Court · 2012
  2. Hope Presbyterian Church v. Presbyterian ChurchCourt of Appeals of Oregon · 2011
  3. Belton v. BuesingOregon Supreme Court · 1965
  4. Belton v. BuesingOregon Supreme Court · 1965
  5. Oregon v. Roman Catholic Archbishop (In Re Roman Catholic Archbishop)United States Bankruptcy Court, D. Oregon · 2006

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