Mathews v. Tobias

This is a suit to impress a trust upon real property by virtue of an alleged oral contract to devise it by will. In 1886 Robert T. Dale died, leaving surviving him his widow, Anna E. Dale, and his daughter, the plaintiff herein. At the time of his death, Dale was the owner in fee of Lot 3, Block 89, Couch’s Addition to the City of Portland, Oregon, and other real property not the subject of this controversy. On March 11, 1916, about nine weeks before her death, plaintiff’s mother, then ninety years of age, executed a will devising Lot 3 to her great granddaughter, Helen Tobias, the…