Legal Opinion

Taylor v. Sims

Court of Appeals of Oregon

Decided January 26, 1976No. 12484, CA 4690PublishedCited by 2 opinions

1Opinion of the CourtFort, J.

Appellants filed an objection to the final account and decree of distribution of the estate of Neva Sims, contending that the personal representative had misconstrued the will. They appeal now from the probate court’s Order Settling Estate and Decree of Distribution in which it determined that the personal representative’s interpretation was correct. We review de novo.

The particular question raised is what interest was given to Neva Sims’ husband by the first part of paragraph III.

The following portions of the will are relevant:

"II.
"I do herewith recite that I have no children and that I am…

2Cases cited4 opinions

  1. Fields v. FieldsOregon Supreme Court · 1931
  2. Putnam v. JenkinsOregon Supreme Court · 1955
  3. Soules v. SilverOregon Supreme Court · 1926
  4. Browning v. SacrisonOregon Supreme Court · 1974

3Cited by2 opinions

  1. Rosa v. PalmerSupreme Court of Connecticut · 1979
  2. Smith v. BennettCourt of Appeals of Oregon · 1980

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