MATTER OF ESTATE OF HENNINGSEN

No. 127-134; CA 16070.

614 P.2d 140 (1980)

47 Or.App. 327

In the matter of the Estate of Walter F. Henningsen, Sr. Frank B. Kistner, III, Respondent, v. WALTER F. HENNINGSEN, Jr., and Paul V. Henningsen, Individually and As Joint Personal Representatives of the Estate of Walter F. Henningsen, Sr., Deceased, and Tekla Henningsen Gilmore, Aka Tekla Henningsen Ratcliff, Appellants.

Court of Appeals of Oregon.

Decided July 21, 1980.


Attorney(s) appearing for the Case

Alan H. Johansen, Portland, argued the cause for appellants. With him on the briefs were Stewart M. Whipple, and Whipple, Johansen & McClain, Portland.

William L. Dickson, Portland, argued the cause for respondent. With him on the brief were Robert K. Udziela, David A. Hytowitz, and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


ROBERTS, Judge.

This is a dispute over the disposition of a home under the will of the late Walter Henningsen, Sr.

The will bequeathed all personal property to testator's surviving children. It then set forth two separate bequests of $25,000 each to persons other than testator's children. The following provision, which is set forth immediately after the bequests in the will, is the subject of the dispute in this case.

"PROVIDED ALWAYS, that the above...

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