Smith v. Bennett

Tonya Lynn Smith appeals from an adverse order of the circuit court interpreting the provisions of the will of R. Gene Smith, deceased, as they relate to a trust established in that will for her benefit.

This proceeding was originated by the personal representative of the decedent’s estate seeking instructions from the circuit court pursuant to ORS 114.2751 as to the interpretation of the following provisions of the will:

"III

"I give, devise and bequeath unto Cheryl Lynn Smith twenty-five percent (25%) of the inventoried value of my probated estate.

"IV

"I give, devise and bequeath ten percent…