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GANONG v. HAUGER

239 Or. 483 (1965)

398 P.2d 187

IN THE MATTER OF THE ESTATE OF HERBERT E. HAUGER, DECEASED GANONG v. HAUGER ET AL and HENNEFER ET AL

Supreme Court of Oregon.

Reversed January 20, 1965.

Attorney(s) appearing for the Case

William Ganong, Klamath Falls, argued the cause for appellant. On the briefs were Ganong & Ganong and Ernest F. Gordon, Klamath Falls.

Sam Kyle, Albany, argued the cause for respondents. With him on the brief were Willis, Kyle & Emmons, Albany.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, DENECKE and LUSK, Justices.

REVERSED.

SLOAN, J.

This is a declaratory judgment proceeding brought by the executor of the estate of Herbert E. Hauger to construe the terms of his will.

The will was executed in 1956. In order to qualify his estate for the marital deduction allowed by the Federal estate tax laws Mr. Hauger inserted this paragraph in the will:

"I give, devise and bequeath unto my wife, Viola Hauger, should she survive me, in addition to the devise made her...

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