45 P. 754 | Or. | 1896
John M. Martin died of consumption in July, eighteen hundred and ninety-three, leaving four daughters, the plaintiffs herein, and one minor son, the defendant, as his heirs at law. For a long time prior to his death he was ill and infirm, and fully realized that he could not recover. In August, eighteen hundred and ninety-two, having in view the equal division of his property among all his children, he executed deeds to them severally, but retained the same in his possession and under his control. Subsequently changing his mind, and desiring that the property should go to his minor son, he destroyed the former deeds, and on the eleventh of April, eighteen hundred and ninety-three, sent for a justice of the peace, and requested him to prepare a deed conveying the land to the defendant, saying