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HAWTHORNE v. AMERICAN CANCER SOCIETY

441 P.2d 247 (1968)

Everette B. HAWTHORNE, As Executor of the Estate of Margaret E. Hawthorne, Deceased, Respondent, v. Oregon Division of AMERICAN CANCER SOCIETY, a Corporation, and Shriners Hospital for Crippled Children of Portland, Oregon, a Colorado Corporation, Appellants, Oregon Women's Christian Temperance Union, a Corporation, the Children's Farm Home of the Oregon W.C.T.U., a Corporation, the Odell Methodist Church, a Corporation, Defendants, Everette B. Hawthorne, As an Individual, Respondent.

Supreme Court of Oregon, In Banc.

Decided May 22, 1968.

Attorney(s) appearing for the Case

Peter A. Schwabe, Jr., Portland, argued the cause for appellants. With him on the briefs was Warren Hastings, Portland.

Paul W. Jones, Portland, argued the cause for respondent. With him on the brief were Morrison & Bailey, Portland, and Donald E. Heisler and Heisler & Van Valkenburgh, The Dalles.

Before PERRY C.J., and McALLISTER, O'CONNELL, GOODWIN, DENECKE, HOLMAN, and LUSK, JJ.

Argued and Submitted at Pendleton May 8, 1968.

GOODWIN, Justice.

This is an appeal from a declaratory decree which construed a dispositive sentence of a will after the court had made a preliminary finding that the sentence was ambiguous.

Article III, subsection (1) of the will provided as follows:

"To my adopted son, EVERETTE B. HAWTHORNE, I bequeath and devise my home place consisting of approximately...

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