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GOOD SAMARITAN HOSP. AND MEDICAL CENTER v. U.S. NAT. BANK

246 Or. 478 (1967)

425 P.2d 541

GOOD SAMARITAN HOSPITAL AND MEDICAL CENTER, Plaintiff-Respondent, v. UNITED STATES NATIONAL BANK ET AL, Defendants-Respondents, KLOSTERMAN ET AL, Defendants-Appellants.

Supreme Court of Oregon.

Affirmed March 22, 1967.

Petition for rehearing denied April 11, 1967.

Attorney(s) appearing for the Case

Richard K. Klosterman, Portland, argued the cause for appellants. On the briefs were Klosterman & Joachims, Portland.

Robert G. Simpson, Portland, argued the cause for respondent Good Samaritan Hospital & Medical Center. With him on the brief were William B. Adams, and McColloch, Dezendorf & Spears and James C. Dezendorf and George L. Wagner, for respondent The Mann Home.

Before McALLISTER, Presiding Justice, and O'CONNELL, GOODWIN and FORT, Justices.

AFFIRMED.

O'CONNELL, J.

This is a suit brought by one of the residuary legatees of the will of Gretchen K. Tyler seeking a declaration of its rights under the will. The heirs of Gretchen Tyler claimed by intestacy on the ground that the bequest to plaintiff violated the rule against perpetuities.

After making several specific bequests, the testatrix, in paragraph Eighteenth, bequeathed $25,000 to Lewis &...

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