Edgar v. Edgar
Oregon Supreme Court
Appeal from Marion: Geo. H. Burnett, Judge. This is a suit in equity to have the will of Moses Edgar, deceased, judicially construed.
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Appeal from Marion: Geo. H. Burnett, Judge. This is a suit in equity to have the will of Moses Edgar, deceased, judicially construed. The complaint shows that the will is in words and figures as follows, to wit: “State of Oregon, County of Marion, ss.: This is to certify that I, Moses Edgar, of said county, do make this my last will and testament: First, I give and bequeath, all my property, both real and personal, to my wife, Susan Edgar, for her own use and benefit, to use and control as she may wish during her lifetime; and at her death, if the real estate has not been disposed of, it is…
1Opinion of the Court
Opinion by
Mr. Chief Justice Lord.
1. The main object of this suit, as indicated by the argument, is to ascertain if the will in question creates a trust, and, if it does, to have it enforced by a trustee to be appointed by the court, none being named in the will. In our inquiry as to the existence of the trust contended for, we are not aided by averment, but are left to determine the question from the language employed in the will itself. The plaintiffs do not allege a trust for their benefit, and ask a construction of the will as affecting such trust, nor *68do they ask that a trust be declared,…
2Cases cited1 opinion
- Bowers v. SmithNew York Court of Chancery · 1843
3Cited by8 opinions
- In re John's WillOregon Supreme Court · 1896
- Savage v. SavageOregon Supreme Court · 1908
- Moore v. ShofnerOregon Supreme Court · 1902
- Hendershott v. SagsvoldOregon Supreme Court · 1907
- Hughes v. HughesIndiana Court of Appeals · 1903
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