United States National Bank v. Rhilander

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.”

The defendant Servite Sisters of Oregon (Sisters) was incorporated October 9, 1951. In 1954, it built the Marian Home, a nonprofit, charitable convalescent home, and…