GRIMES v. GRIMES


242 Or. 158 (1965)

408 P.2d 731

IN THE MATTER OF THE ESTATE OF VINCENT GRIMES, DECEASED GRIMES v. GRIMES

Supreme Court of Oregon.

Affirmed December 8, 1965.


Attorney(s) appearing for the Case

Phil Cass, Jr., Eugene, argued the cause for appellant. On the brief were Riddlesbarger, Pederson, Brownhill & Young, Eugene.

Harold Gillis, Eugene, argued the cause for respondent. On the brief were Butler, Husk & Gleaves, Eugene.

Before McALLISTER, Chief Justice, and PERRY, GOODWIN, LUSK and SCHWAB, Justices.


AFFIRMED.

GOODWIN, J.

Vincent Grimes willed all his property to his wife and his son. Each beneficiary contends that the other's share should be charged with the testator's debts. The son appeals from a trial court ruling that debts should be paid out of his interest.

The will contained the following testamentary language:

"IV. "I hereby give and devise unto my wife, Frances Grimes, the use and benefit of that certain property of...

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