Philpott v. Yeoman

This is an appeal from a decree entered in a declaratory judgment proceeding brought by two grandchildren of Rosina Bronson, deceased. They are the children of Otto Bronson. Plaintiffs contend that they are pretermitted heirs under the decedent’s will. The trial court concluded otherwise and they appeal.

*500The will of Rosina Bronson was duly admitted to probate in Oregon. No appeal was taken from that -order;; In so far as relevant to this proceeding, that will provides:

“FIRST: I declare that I am a widow and that I have five (5) children living at the date of execution hereof, whose names are…