Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-02
Love V. Walker, ct al, MultnOmah
County.

County.
Green c. Love, respondent. v. EN-
ma ]. Walker, Alsisstress L., Peach
er, Nancy M. Finke, Sarah r. Ander-
son, Lena G. Richmond, Sidelia F.
Hohmann, Lewis G. Stafford, Mary c.
Stafford, Hazel King, appellants.
Belle Robinson, Frank Souers, Inita
Souers, Dixon and Jacob Samuels,
defendants. Appeal from the circuit
court for Multnomah county. Hon.
Earl c. Bronaugh, judge. Argued and
submitted March % 1911, H. ]. Big
ger and Wallace McCammant, for re-
spondent. VIM. NJ. Gregory and Dan
]. Malarkey for appellants. Moore,
]. Reversed.
This is a suit to determine an ad-
verse 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 /,
Lewis Love, of Portland, Multnomah
county, Oregon, being over the age
of 80 years, and being of sound and
disposing mind and memory, do make
and declare this as my last will and
testament, in manner and form fol-
lowing, that is to say: l make, con-
stitute and appoint T. T. Struble
Philo Holbrook and H. G. Breeden
executors of this my last will and
testament, and request and direct
that no bonds or undertaking be re-
quired Of them as such, nor of them
as trustees to hold my estate to a
certain time hereinafter mentioned.
] direct that all of my just debts, in
cluding funeral expenses and the ex-
penses of administration be paid by
my executors. In order that my pur-
pose and ownership of property shall
be clearly understood, l hereby pre-
face my devises and bequests as fol-
lows: l have made no deed to any
person or persons to any real or per-
sonal property to take effect at or af-
ter death. l made five deeds to my
children and grandchildren Septem-
ber 81, 1894 which were executed
and acknowledged before T. T. Stru-
BILE, notary public. made eight
deeds to my children, grandchildren
and grandchild December 2S, 1896,
which were also acknowledged be-
fore T. T. Struble, notary public;
other than these mentioned deeds,
have made none since the first mem
toned ones Of date September 21,
1894. am the owner absolute of
the following real property in the
city of Portland, Oregon: Lots and
2, block III, city; lot 4, block 116,
city; lot 8, block 10, city; north half
lot 2, block 10, city; lot block Ill,
city; south half of lot block T. city;
the east rs feet and II inches of the
south half of lot 4. block 8. city; the
north half Of lot A. block 8, city; the
south half of lot 8, block 3, city. I
have never made deed to any per-
son or persons of any part or piece
of this property whatever. | also
own 757 acres, more or less, of land
in sections 10, IL, IA and 10, town
ship / north, range east, William
ette meridian; portion of this land
is outside Of and a portion inside of
the city limits of Portland, Oregon.
/ have made no deed to any of this
acreage to any person or persons at
any time, except for Columbia Gene
terry. 1t is my purpose to will at this
time all of my property personal,
real and mixed, to my legal heirs in
the same proportion as the law would
convey the same to them in the alb
sence of any will by me reserving
only the burial place where my wife
is now buried, and a strip of land
two feet in width adjacent thereto on
the west north and east of said bur
ial spot, and hereby set aside said
burial place (spot) and said two feet