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NICOLAI ET AL v. HOFFMAN ET AL

232 Or. 105 (1962)

373 P.2d 967

IN THE MATTER OF THE ESTATE OF HARRY T. NICOLAI, DECEASED NICOLAI ET AL v. HOFFMAN ET AL

Supreme Court of Oregon.

Affirmed August 14, 1962.

Petition for rehearing denied September 18, 1962.

Attorney(s) appearing for the Case

Frank E. Nash, Portland, argued the cause for appellant Nancy Nicolai Hilton. Raymond P. Underwood, Portland, argued the cause for appellant Theodore Nicolai II. With them on the briefs were Mautz, Souther, Spaulding, Kinsey & Williamson, and King, Miller, Anderson, Nash and Yerke and Kenneth W. Hergenhan, Portland.

Barnett H. Goldstein and Justin N. Reinhardt, Portland, argued the cause and filed a brief for cross-appellant and respondent Ethel Hoffman.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

AFFIRMED.

SLOAN, J.

1. This is a contest between the widow of the deceased, Nicolai, and his children in respect to the interpretation to be given a marital deduction clause contained in the decedent's will. The disputed clause reads:

"I give and bequeath to my wife, ETHEL NICOLAI, if she survives me, a portion of my estate equal in value to the maximum marital deduction allowable in the determination of the federal estate tax upon my estate, less...

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