Fellman v. Fellman
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Department 2. Statement by Me. Justice Eakin. This is a suit by Frank Fellman against Joseph Fellman. The facts are that on May 26,1904, Michael Meyer was the owner in fee simple of certain real property in the City of Astoria and on that day he conveyed the same to his nephew Joseph Fellman, reserving in himself a life estate. Excepting this reservation, the conveyance was absolute upon its face.
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From Clatsop: James A. Eakin, Judge. Department 2. Statement by Me. Justice Eakin. This is a suit by Frank Fellman against Joseph Fellman. The facts are that on May 26,1904, Michael Meyer was the owner in fee simple of certain real property in the City of Astoria and on that day he conveyed the same to his nephew Joseph Fellman, reserving in himself a life estate. Excepting this reservation, the conveyance was absolute upon its face. On May 15, 1912, Meyer died, and on August 24,1914, plaintiff, who is a brother of the defendant, began this suit wherein he claims that the conveyance was…
1Opinion of the CourtJustice Benson
There is little or no controversy as to the law applicable herein, and all of the questions submitted are to be answered by a consideration of the evidence and its legal effect. It appears from the testimony that Meyer was an old man in poor health and a patient in a hospital at Eugene when the deed was executed. The only persons present when the conveyance was signed and acknowledged were L. E. Bean, an attorney and notary public of Eugene, who was Meyer’s legal adviser, and a Mr. Goldsmith. The latter was not called as a witness, and Mr. Bean’s testimony is all the evidence we have as to…
2Cited by2 opinions
- Masquart v. DickOregon Supreme Court · 1957
- Trustees of Presbytery v. HammerOregon Supreme Court · 1963