Daniel v. Donohue

In this suit we are called upon to construe the will of Mary C. Yogt. More specifically we are asked to decide which of the blood relations of the testatrix and her mother are to be included within a class designated by the testatrix as the “blood relations of my deceased mother and myself.” The same will was before this court for construction in Heilig v. Daniel et al., 203 Or 123, 275 P2d 854, 278 P2d 988 (1955). In that case the court expressly reserved the specific problem of construction which is raised in the present appeal.

Mary C. Vogt died on July 17, 1935, leaving a will which she…