E. Henry Wemme Co. v. Selling

McBRIDE, J.,

Dissenting. — This is an action wherein the plaintiff, E. Henry Wemme Company, an Oregon corporation, asks that a resulting trust be declared in its favor for property held by the defendant, E. Henry Wemme Endowment Fund, a charitable organization, also incorporated under the laws of the State of Oregon. The plaintiff is named the residuary legatee in the will of E. Henry Wemme, deceased, who died in January, 1914, and the property sought to be recovered by plaintiff was acquired through the provisions of clause 6 of the will of said decedent. The will, containing clause 6, is as…