Love v. Walker
Oregon Supreme Court
From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Moore. This is a suit by Green C. Love against Emma J. Walker, Alsisstrees L. Peaeher, Nancy M. Finke, Sarah R. Anderson, Lena G. Richmond, Sidelia F. Hohmann, Lewis G. Stafford, Mary-G. Stafford, Hazel King, Belle Robinson, Frank Soners, Inita Soners, Dixon and Jacob Samuels to determine an adverse interest in real property.
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From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Moore. This is a suit by Green C. Love against Emma J. Walker, Alsisstrees L. Peaeher, Nancy M. Finke, Sarah R. Anderson, Lena G. Richmond, Sidelia F. Hohmann, Lewis G. Stafford, Mary-G. Stafford, Hazel King, Belle Robinson, Frank Soners, Inita Soners, Dixon and Jacob Samuels to determine an adverse interest in real property. The facts are that on January 5, 1899, a last will and testament was made and published, as follows: “Know all men by these presents: That I, Lewis Love, of Portland, Multnomah County, Oregon, being over…
1DissentJustice Burnett
delivered the following dissenting opinion.
I dissent from the opinion of the majority of the court in this case. All agree that except for the codicil Green C. Love takes an estate in fee simple. Unless defeated by the supplementary testament, that estate continues. As to Mrs. Stafford and Fred D. Love, the testator left no doubts.. No uncertainty is annexed to the certain event of the death of either of them. At their death, whenever that comes, there is the remainder to their children. But, as affecting the course of descent in the case of Green C. Love, the certain event of his death is…
2Cases cited15 opinions
- Fowler v. DuhmeIndiana Supreme Court · 1896
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- Washbon v. . CopeNew York Court of Appeals · 1895
- McNutt v. McCombSupreme Court of Kansas · 1899
- Roth v. RauschenbuschSupreme Court of Missouri · 1903
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