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SCARLETT v. HOPPER

89-CV-0344-ST; CA A66727.

823 P.2d 435 (1992)

110 Or.App. 457

Marlyn SCARLETT, Theresa Overton and Donald Hardwick, Appellants, v. John A. HOPPER, Personal Representative of the Estate of Theresa Hardwick Hopper, Deceased, Respondent.

Court of Appeals of Oregon.

Decided January 8, 1992.

Attorney(s) appearing for the Case

J.W. Walton, Corvallis, argued the cause and filed the briefs for appellants.

Warren John West, Bend, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

RICHARDSON, Presiding Judge.

Plaintiffs in this declaratory judgment action are the daughters and a grandson of the decedent and are beneficiaries under her will. Defendant was the decedent's husband and is the personal representative of her estate. The controversy is over the meaning of the decedent's and defendant's "joint, mutual and reciprocal will." Article three of the will makes certain specific bequests, and then provides:

"All the rest, residue and...

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