Stevens, Welby
From Lane Co Oregon
Welby Stevens and his family owned a single story Bungalow up through the 1950s. Stevens was Mayor of Springfield in 1912 & 1913 and cast the deciding votes allowing Springfield to remain a "wet" town.
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Eugene Daily Guard, August 17, 1911
Welby Stevens Now Mayor of Springfield
Guad Special Service.
Springfield, Or. Aug. 17- The city council has appointed W. Crson a member of the common council to fill the place of Welby Stevens who has been appointed as temporary Mayor to fill the unexpired term of Hon. W.M. Sutton who has resigned to go to Eastern Oregon where he will teach school.
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The prosperity in Springfield regardless of the mill fire is characterized by the fact that six new houses have been erected in the new addition since the destruction of the mill. This is in the Douglas gardens.
Daily Eugene Guard, January 23, 1912
Daily Eugene Guard (1912), January 23 newspaper clip.
1910 Census
Stevens, Welby, Male. Age 38. Head of household. Oregon, Missouri, Illinois. Occupation: Farmer.
Ida E. Female, Age 31. Wife. Michigan, New York, New York.
Lawrence, Male, Age 8. Son. Born in Oregon, Father born in Oregon, Mother born in Michigan.
Helen, Female, Age 6. Daughter. Born in Oregon, Father born in Oregon, Mother born in Michigan.
1919, Lawyers' Reports Annotated By Lawyers Co-operative Publishing Company
OREGON SUPREME COURT.
WELBY STEVENS, Exr., etc., of James A. Stevens, Deceased, Appt, v. ANNA CARROLL, Admx., etc., of M. L. Sommerville, Deceased, Respt.
RE ESTATE OF JAMES A. STEVENS, Deceased. (64 Or. 417, 129 Рас. 1044.) Will — remainder — vesting — death of remainderman.
A bequest of money to be derived from sale of real estate upon death of a life tenant vests upon death of testator, and will not lapse on the death of the legatee in the lifetime of the life tenant. For other cases, see Will», III. g, I, in Dig. 1-5% N.S. (February 18, 1913.)
APPEAL by the executor from an order of the Circuit Court for Lane County affirming an order of the County Court refusing to discharge him in a proceeding for the settlement of the final account of the estate of James A. Stevens, deceased, upon objections filed thereto by a legatee. Affirmed.
Statement by McBride, Ch. J.:
James A. Stevens died, leaving a will which contains, among others, the following provisions : "I hereby give, devise and bequeath unto my wife, Emily F. Stevens, all my real estate wheresoever situate to have, possess and use during the lifetime of said Emily F. Stevens, and after the death of said Emily F. Stevens, my said wife, I hereby direct, give and devise unto my son Lenn L. Stevens the 75-acre tract of land to become the absolute property of said Lenn L. Stevens upon the death of my said wife, Emily F. Stevens. ... I hereby give and bequeath unto my daughter Maggie Sommerville the sum of two thousand ($2,000) dollars to be paid upon the death of my said wife Emily F. Stevens and to be paid out of proceeds that may be derived from my home place consisting of about 150 acres in Lane county, Oregon, where I am now living. If my son Welby Stevens so desires he can pay said two thousand ($2,000) dollars out of his private, individual funds at or before the death of my said wife Emily F. Stevens instead of paying said sum out of proceeds
Note. — For discussion of the question whether a testamentary gift in the form of a direction to pay, to divide, or to convey is contingent on survival of the time of payment or conveyance, and for references to annotations on related questions, see annotation following this case, post, 1097. to be derived from my borne place. . . . I give, devise and bequeath unto my son Welby Stevens my home place consisting of about 150 acres in Lane county, Oregon, to become and be his property absolutely upon the death of my said wife Emily F. Stevens, and upon payment of said $2,000 as above."
Subsequent to the death of the testator, Maggie Sommerville died, and, later, her husband M. L. Sommerville died, both without issue. Emily Stevens, the wife of the testator, still survives. Welby Stevens, the executor of the will, filed his final account, and asked to be discharged. Anna Carroll, administratrix of the estate of M. L. Sommerville, resisted the application for a discharge, on the ground that the estate of M. L. Sommerville had a vested interest in the $2,000 bequeathed to Maggie, his wife, in her father's will, which, by the terms of said will, the executor was directed to pay, and that he should be required, for that purpose, to continue in his office until the death of Emily Stevens and the payment of the legacy. From an order of the county court refusing to discharge the executor, he appealed to the circuit court, which sustained the order of the county court; and from this decision the executor appeals to this court. Mr. George B. Dorrls, for appellant: A legacy of money, or other personal property, must be certain and identified particularly, during the life of the testator.
Noon's Estate, 49 Or. 293, 88 Рас. 673, 00 Рас. 673 ; Sterbuck v. Starbuck, 93 N. C. 185; 2 Woerner, Am. Law of Administration, 2d ed. § 444; Vincent v. Newhouse, 83 N. Y. 610.
If the legacy to Maggie Sommerville is not void, it became an equitable charge upon the land devised to Welby Stevens. 2 Woerner, Am. Law of Administration, 2d ed. § 491; Powers v. Powers, 28 Wie. 661; McCorn v. McCorn. 100 N. Y. 513; Frampton v. Blume. 12!) Mass. 155; Wertz's Appeal, 69 Pa. 173; Watson v. McLench, 57 Or. 452, 110 Рас. 482, 112 Рас. 416.
The acceptance of a devise, charged with the payment of a legacy, binds the devisee to carry the legacy into effect. 2 Woerner, Am. Law of Administration, 2d ed. § 491; Porter v. Jackson, 95 IncL 214. 48 Am. Rep. 704; Tigner v. McGehee, 60 Miss. 191; Lovejoy v. Raymond. 58 Vt. 503. 2 Atl. 157. When the payment of a legacy is mule a condition of the devise, its acceptance creates, in addition to the liability of the land devised, a personal liability to the legatee, which may be enforced without resorting to the land, the lien still remaining as security. 2 Woerner, Am. Law of Administration, 2d ed. § 491, p. 1198; Porter v. Jackson, 96 Ind. 210, 48 Am. Rep. 704.
Where there is no gift, but a direction to the executor or trustee to divide or pay at a future time, the vesting will not take place until that time. Re Hoadley, 101 Fed. 236.
The subject of the gift was not to come into existence until the prescribed contingency, the death of Emily F. Stevens. Vincent v. Newhouse, 83 N. Y. 511; Clark v. Cammann, 160 N. Y. 327, 54 N. E. 709; Delafield v. Shipman, 103 N. Y. 463, 9 N. E. 184. Messrs.
Woodcock & Smith and Potter & Bryson, for respondent: The legacy of Maggie Sommerville was a vested legacy, the time of payment being deferred, and, being vested, passed to her heirs and legal representatives at her death. Warren v. Hembree, 8 Or. 118; Johnson v. Baker, 7 N. C. (3 Murph.) 318, 9 Am. Dec. 605; Pond v. Allen, 15 R. I 172, 2 Atl. 302; American .Cannel Coal Co. v. Clemens, 132 Ind. 163, 31 N. E. 786; Fairly v. Kline, 3 N. J. L. 754, 4 Am. Dec. 414*; Cropley v. Cooper, 19 Wall. 167, 22 L. ed. 109; Birdsall v. Hewlett, 1 Paige, 32, 19 Am. Dec. 392; 18 Am. A Eng. Ene. Law, 2d ed. 749, 750; 19 Am. & Eng. Ene. Law, 2d ed. 1369; Goebel v. Wolf, 10 Am. St. Hep. 464, and notes, 113 N. Y. 405, 21 N. E. 388.
McBride, Ch. J., delivered the opinion of the court: It is conceded that if under the terms of the will, the bequest to Maggie Sommerville became a vested legacy upon the death of her father, the decree of the circuit court is correct. If the legacy did not become vested upon the death of the testator, then it has lapsed, and there is no reason why the executor should not be discharged. 1, 2. We are of the opinion that the legacy became vested upon the death of the testator. A legacy or interest created by devise should always be construed as vested rather than contingent. Winslow v. Rutherford, 59 Or. 124, 114 Рас. 930.
A vested estate is an estate where there is a person in being who would have an immediate right to the possession of the lands, upon the ceasing of some intermediate or precedent estate. See Words and Phrases, title "Vested Estate," and cases there cited. It seems clear that, upon the death of the testator, Maggie Sommerville had an immediate right to the legacy bequeathed to her, subject only to the termination of her mother's interest in the property. "Where real or personal estate is devised or bequeathed to a person, and though the vesting in right or interest, at first sight, appears to depend upon the attainment of a given age, or upon the arrival or occurrence of an event or time which is sure to happen or arrive, or, in the case of residuary bequest without any limitation over, upon marriage, yet if the attainment of such age or the arrival or occurrence of such event or time does not form part of the original description of the devisee or legatee, and the suspensive expressions are of such a nature that they may be construed to refer not to the vesting in right or interest, but to the vesting in possession or enjoyment, and it appears from the form of the limitation, when more closely considered, or from the intermediate disposition of the property, or from other passages, to be probable that it was only intended to delay the vesting in possession or enjoyment, in such case, the suspensive expressions will be referred to the vesting in possession or enjoyment, and the interest of the devisee or legatee will be actually vested in right before the age or period specified." Smith, Executory Interests, § 309. In Jackson v. Jackson, 1 Ves. Sr. 217, 27 Eng. Reprint, 992, a father bequeathed to his son ¿400, to be paid to him at the end of one year after the testator's death, and a further sum of £100, to be paid to him at the death of his mother. The son died before the mother. The court held that he took a vested interest in the £100, saying that the legacy was plainly vested, though the time of payment was postponed. See also Warren v. Hembree, 8 Or. 118; Wins- low v. Rutherford, supra, and cases there cited. Fairly v. Kline, 3 N. J. L. 754, 4 Am. Dec. 414, is in point upon this proposition, in which case a testator directed his lands to be sold after his wife's death, and the proceeds to be divided among hie children. One of the children died before the mother, and it was held that the legacy became vested, and that the husband of the child so dying became entitled to the legacy as the administrator of his wife. In that case, the court says : "It is certain that legacies charged upon land are subject to different rules from those charged upon the personal estate only. If a legacy charged upon personal estate only be given unconditionally, and dependent upon no future contingency, then, though the day of payment be postponed, as if it be to be paid when the legatee attains the age of twenty- one years, or marries, or other contingency happens, yet, if the legatee die before that day, his representatives shall take. It is a vested legacy. It cannot fall. But if such legacy be charged upon land in the hands of the heir, and that whether it be the hœres natus or the lucres factus, and the legatee died before the day of payment, it will not go to bis representatives, but will merge in the land for the benefit of the heirs. This is the general rule. But then there is an exception to this rule, as well settled at this day as the rule itself. It is this: That when the payment is postponed merely for the convenience and benefit of the estate and family, and not on account of considerations relative to the legatee himself, then, though the legatee die before the day of payment, yet the legacy shall not merge for the benefit of tlie heirs, but shall go to the representative.
It is a vested legacy." The same rule is announced in Cropley v. Cooper, 19 Wall. 167, 22 Ъ. ed. 109; Pond v. Allen, 15 R. I. 171, 2 Atl. 302. In the case at bar, as in those last citent the legacy is given absolutely. Its payment is postponed for no reason personal to or in the interest of the legatee, but solely for the benefit of the widow. For these reasons, we hold that the right to receive this legacy became vested in Maggie Sommerville upon the death of her father, and descended to her husband at her death, and that, upon his death, this right passed to his representatives. The decree of the circuit court is affirmed. Petition for rehearing denied March 25, 1913.
Obituary
Welby Stevens, 73, former Lane County assessor, died Wednesday morning at his home in Springfield, following illness of several months.
He was a native of Lane county, a member of a pioneer family of the area. He was born January 6, 1872, on the Stevens donation land claim, the son of James A. and Emily Stevens. His grandfather, William Stevens, came from Missouri to settle here in 1847, crossing the McKenzie river of Christmas day of that year. The original homesite was where teh state game farm is located and part of the original grant still remains in the family after 98 years.
Stevens was mong the early students of the University of Oregon. He was married in 1898 toIda Goodale of Coburg, who bore a son and daughter. She died in 1916. He was married a second time in 1927, to Mrs. Grace Roberts of Springfield, who survives.
Mr. Stevens was active in community affairs, serving as mayor of Springfield from 1912 until 1920. He was president of the Commercial State bank in Springfield from 1924 until its closure in 1932. He had held the office of assessor for 10 years, from 1935 until 1945.
He is survived by his wife; his daughter, Mrs. Larry F. Clemenson, two grandchildren, PFC Ida Mast in the women's army corps stationed at Midlands, Tex. and Lawrence Moore, seaman 2-c, at Bainbridge, Md.
Funeral services will be held Friday at 2 p.m. at the Phil Bartholomew Mortuary in Sprinfield. Rev. Claude O'Brien of- [ended]
| Mayors of Springfield | |
| Albert S. Walker (1885-1886) • S.I. Lee (1887) • Albert S. Walker (1888) • Simon Tuttle (1888-1889) • T.O. Maxwell (1889) • Albert S. Walker (1889-1890) • Albert Wheeler (1890-1892) • L. Gilstrap (1892-1893) • Albert Wheeler (1893) • J H Van Schoich (1893-1894) • Albert Wheeler (1894-1895) • Eugene C Martin (1896-1899) • John B. Innis (1900-1902) • H.A. Skeels (1902-1903) • R.A. Jayne (1903-1907) • Mark M. Peery (1907-1909) • W.M. Sutton (1909-1911) • Welby Stevens (1911-1913) • Charles L. Scott (1913-1915) • Elmer E. Morrison (1915-20) • Charles F. Eggiman (1921-1924) • George G. Bushman (1925-1929) • Charles O. Wilson (1929) • Wilfrid P. Tyson (1930-1934) • Ernest H. Turner (1934-1935) • W.A. Taylor (few minutes, November 27, 1935) • Ed Waltman (1935-1936) • William H. Pollard (1936-1940) • Charles Chandler (1940-1945) • Claude T. Gerlach (1945-1949) • B.P. Larson (1949-1953) • Edward C. Harms, Jr. (1953-1961) • B.J. Rogers (1961-1965) • David L. Scofield (1965-1967) • John E. McCulley (1967-1970) • William Morrissette • Maureen Maine • Sid Leiken |  |
