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NICHOLS v. FIRST NAT. BANK OF BAKER

199 Or. 659 (1953)

264 P.2d 451

NICHOLS v. FIRST NATIONAL BANK OF BAKER

Supreme Court of Oregon.

Reversed December 2, 1953.

Attorney(s) appearing for the Case

Blaine Hallock, of Baker, argued the cause for appellant. On the brief were Hallock, Banta, Silven & Horton, of Baker.

A.S. Grant, of Baker, argued the cause for respondent. On the brief were Grant & Fuchs, of Baker.

Before LATOURETTE, Chief Justice, and ROSSMAN, LUSK and PERRY, Justices.

REVERSED.

LATOURETTE, C.J.

This is an appeal by Edith F. Nichols, widow of James H. Nichols, deceased, from a decree in a declaratory judgment proceeding against the First National Bank of Baker, as trustee, which held against her claim to the corpus of a trust fund created by the will of her husband. The construction of decedent's will, which was executed on January 14, 1929, is before us.

At the time the will was executed, his wife, Edith F. Nichols...

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