First Interstate Bank of Oregon, N.A. v. Young

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 contains two dispositive provisions. Paragraph III disposes of personal property by giving it all to decedent’s husband, unless he predeceases her, in which case…