FIRST INTERSTATE BANK v. YOUNG

CC 90-48; CA A71103.

853 P.2d 1324 (1993)

121 Or. App. 1

FIRST INTERSTATE BANK OF OREGON, N.A., Personal Representative of the Estate of Laura M. Mason, Deceased, Respondent, v. Carrie YOUNG, Betty Brader, Phyllis Holm, Diane Peiper, Warren S. Dahl, Susan Ford, Pamela Corder, Jack Dobbs Hillman, Bennett B. Hillman, Joseph R. Dahl, Vernon E. Dahl and Ethel Snare, Respondents, Hazel Aasen and Phyllis Maxine Steele, Defendants, and Richard Anthony Davis and Phillip Charles Davis, Appellants.

Court of Appeals of Oregon.

Decided June 9, 1993.

Reconsideration Denied September 1, 1993.


Attorney(s) appearing for the Case

Wade P. Bettis, Canby, argued the cause and filed the briefs for appellants.

William G. Dick II, The Dalles, argued the cause for respondents Betty Brader, Phyllis Holm, Diane Peiper, Warren S. Dahl, Susan Ford, Pamela Corder, Joseph R. Dahl, Vernon E. Dahl and Ethel Snare. With him on the brief was Dick & Dick, The Dalles.

Mark E. Pengilly, Portland, argued the cause and filed the brief for respondents Jack Dobbs Hillman, Bennett B. Hillman and Carrie Young.

Robert Cole Tozer, Eugene, filed a brief amici curiae for Professor Leslie Harris and Associate Professor Caroline Forell.

No appearance by respondent First Interstate Bank of Oregon, N.A.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.


WARREN, Presiding Judge.

This is a declaratory judgment action brought by trustee First Interstate Bank to determine the distribution of the residue under a will. Defendants Richard Anthony Davis and Phillip Charles Davis (the Davises) appeal from the judgment that declared that the will of Laura M. Mason did not dispose of her residuary estate and ordered that the residuary estate pass by intestate succession. We affirm.

The will is dated July 13, 1978. It...

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