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HEIMBIGNER ET AL. v. U.S. NATL. BANK

190 Or. 592 (1951)

227 P.2d 827

IN THE MATTER OF THE ESTATE OF HERBERT C. HOWE, DECEASED HEIMBIGNER ET AL. v. THE U.S. NATIONAL BANK OF PORTLAND, ADMINISTRATOR

Supreme Court of Oregon.

Affirmed February 21, 1951.

Attorney(s) appearing for the Case

B.G. Skulason, of Portland, argued the cause for appellants. With him on the brief was C.W. Powers, of Portland.

Edgar Freed argued the cause for respondent Josephine A. Howe. On the brief were Freed & Failing, Ralph W. Golby and Fred W. Bronn, all of Portland. On the brief for respondent The United States National Bank of Portland (Oregon) were Maguire, Shields, Morrison & Bailey, and James G. Smith, of Portland.

Before BRAND, Chief Justice, and HAY, LUSK, LATOURETTE and WARNER, Justices.

AFFIRMED.

HAY, J.

Herbert C. Howe died February 20, 1948. He left a will by which he established a trust fund of $9,000 from which his trustee was directed to pay to testator's wife, Josephine A. Howe, as long as she should live, the sum of $100 per month. The will contained certain specific bequests, aggregating $3,700, including one of $1,000 to testator's wife. Testator's son, I.W. Howe, also known as Irving W. Howe, was made residuary legatee.

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