Morse v. Macrum
Oregon Supreme Court
Multnomah county: L. B. Stearns, Judge. Plaintiff appeals. This proceeding involves the construction of the will of Levi C. Millard, deceased. Those clauses of the will, the construction of which are involved in this suit, are set out in heec verba.
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Multnomah county: L. B. Stearns, Judge. Plaintiff appeals. This proceeding involves the construction of the will of Levi C. Millard, deceased. Those clauses of the will, the construction of which are involved in this suit, are set out in heec verba. After providing for the sale of certain real estate, the testator continues in the second subdivision: “The proceeds of such sale to be applied as follows: One-half I give and bequeath to my nephew, Ralph W. Hoyt, as trustee, to be invested by him in such manner as to him shall seem fit, and the income to be derived therefrom to be paid every…
1Opinion of the CourtStrahan, C. J.
The first contention of the plaintiff is, that both the circuit and county courts erred in decreeing that the proceeds or interest accruing from the trust fund of four thousand seven hundred and fifty dollars, placed in the hands of Ralph W. Hoyt, as trustee, should be made to contribute to the three hundred and seventy-five dollars which is payable to Mrs. Morse quarterly. This must be determined by ascertaining the intention of the testator, to he derived from the language of the will itself; and if this cannot be done, then by resorting to the recognized rules of interpretation in such…
2Cases cited1 opinion
- Canfield v. BostwickSupreme Court of Connecticut · 1852
3Cited by8 opinions
- In Re NewbernCalifornia Supreme Court · 1960
- Scott v. FordOregon Supreme Court · 1908
- In re Wilson's EstateOregon Supreme Court · 1917
- Unander v. United States National BankOregon Supreme Court · 1960
- Pape v. United States National BankOregon Supreme Court · 1931
3 more not listed; retrieve them via the Exa API.