Gerrish v. Hinman
Oregon Supreme Court
Appeal from Yamhill County. This is a suit for partition of real property among the children and grandchildren of James Gerrish, under his will. The clause in the will, under which the parties all claim, is as follows, to wit: “I give and bequeath to my beloved wife, Mary Ann, all the rest and residue of my real and personal property for her life-time.
Read the full summary
Appeal from Yamhill County. This is a suit for partition of real property among the children and grandchildren of James Gerrish, under his will. The clause in the will, under which the parties all claim, is as follows, to wit: “I give and bequeath to my beloved wife, Mary Ann, all the rest and residue of my real and personal property for her life-time. At her decease I do devise and bequeath all that may remain of my real and personal property to each of my living children and the children of my deceased daughters alike, to be divided as a majority of them shall say, by sale or otherwise.”…
1Opinion of the Court
By the Court,
Prim, J.:
The parties to this suit all claim under the will of James Gerrish, and the clause under which they claim is as follows: “ I give and bequeath to my beloved wife, Mary Ann, all the rest and residue of my real and personal property for her life-time. At her decease I do devise and bequeath all that may remain of my real and personal property to each of my .living children and the children of my deceased daughters alike, to be divided as a majority of them shall say, by sale or otherwise.”
TJpon the construction of this clause, two questions are presented for consideration:…
2Cases cited3 opinions
- Campbell v. . RawdonNew York Court of Appeals · 1858
- Lyon v. AckerSupreme Court of Connecticut · 1866
- Canfield v. BostwickSupreme Court of Connecticut · 1852
3Cited by10 opinions
- Scott v. FordOregon Supreme Court · 1908
- In re Wilson's EstateOregon Supreme Court · 1917
- Heilig v. DANIELOregon Supreme Court · 1955
- Miller v. SmithOregon Supreme Court · 1946
- Daniel v. DonohueOregon Supreme Court · 1959
5 more not listed; retrieve them via the Exa API.