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
It is maintained by plaintiff’s counsel that the will gave to their client an estate in fee in the premises; that the codicil does not clearly evince an intention to abridge such absolute interest; that the condition stated therein, associated with the contingency of dying “without lawful issue born alive and living at the time of his death,” does not mean the end of plaintiff’s life at any time, but his decease prior to that of the testator, or before a partition of the real property. It is insisted by the defendants’ counsel, however, that the clause in the codicil, “in *102case of his death,”…
2Cases cited10 opinions
- Spooner v. PhillipsSupreme Court of Connecticut · 1892
- Jasper v. JasperOregon Supreme Court · 1889
- Shadden v. HembreeOregon Supreme Court · 1888
- Brunson v. MartinIndiana Supreme Court · 1899
- Ulshafer v. StewartSupreme Court of Pennsylvania · 1872
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