UNITED STATES NATIONAL BANK OF OREGON, Personal Representative of the Estate of Thelma Agnes Miller, Deceased, Respondent-Cross-Respondent,
v.
Robert RHILANDER, Aka Robert Rhinlander; Nelson Rhilander, Aka Nelson Rhinlander; and the Heirs at Law of Nelson Rhilander, Aka Nelson Rhinlander, If Deceased, Defendants,
Robert Eatman; Louise Miller; Doris Pringle; Madeline Gurtner; Lois Zeisig; Betty Pownall; Arlene Calhoun; Francis Coghan; Thomas Coghan; Robert Coghan; Alice Jones and Patricia Ross, Heirs of Alice Buzzelli, Deceased; Michael Ripley, Debbie Williams, Kim Ripley and Gregory Ripley, Heirs of Janet Ripley, Deceased; and Florence Gosser and Edna Hutchison, Heirs of Edward Rhilander, Deceased, Appellants-Cross-Respondents,
State of Oregon, Acting by and through the State Land Board; Christie School, a Non-Profit Oregon Corporation; Salem Catholic Schools, Inc., a Non-Profit Oregon Corporation; Society of the Sisters of Holy Names of Jesus and Mary, a Non-Profit Oregon Corporation, Respondents-Cross-Respondents,
Ernmaur, Inc., an Oregon Corporation, Dba Marian Home, and Servite Sisters of Oregon, a Non-Profit Oregon Corporation, Respondents-Cross-Appellants and Cross-Respondents.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted July 20, 1983.
Decided March 7, 1984.
Attorney(s) appearing for the Case
J. Michael Alexander, Salem, argued the cause for appellants-cross-respondents. With him on the briefs was Burt, Swanson, Lathen, Alexander & McCann, Salem.
Walter H. Bell, Stayton, waived appearance for respondent-cross-respondent United States National Bank of Oregon.
Michael D. Reynolds, Assistant Attorney General, Salem, waived appearance for respondent-cross-respondent State Land Board.
J. Ray Rhoten, Salem, argued the cause for respondent-cross-appellant Ernmaur, Inc. With him on the briefs was Rhoten, Rhoten & Speerstra, Salem.
Kris Jon Gorsuch, Salem, argued the cause for respondents-cross-respondents Christie School, Salem Catholic Schools, Inc., Society of the Sisters of Holy Names of Jesus and Mary and Servite Sisters of Oregon. With him on the brief were Daniel A. Ritter and Harland, Ritter, Saalfeld & Griggs, Salem.
Eugene E. Feltz, Mark A. Williams and Palmer, Feltz, Sherry & Smith, Portland, filed a brief amicus curiae for Maryville Nursing Home.
Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.
Court of Appeals of Oregon.
BUTTLER, Presiding Judge.
In this action for declaratory relief, plaintiff seeks a declaration of the rights of the parties under the 1960 will of Thelma Agnes Miller, who died May 20, 1978. The issue concerns distribution of the residuary estate under paragraph Sixth, which provides:
"SIXTH: * * * I give, devise and bequeath one-half of the remainder of my estate * * * to the Servite Sisters of Oregon for the use of the Marian Home for improvements."
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