SMITH ET AL v. TREMAINE ET UX


221 Or. 33 (1960)

350 P.2d 180

SMITH ET AL v. TREMAINE ET UX

Supreme Court of Oregon.

Affirmed March 16, 1960.


Attorney(s) appearing for the Case

Sam F. Speerstra, Salem, argued the cause for appellants. On the brief were Rhoten, Rhoten & Speerstra and Richard W. Sabin, Salem.

Thomas D. McMahon, Portland, argued the cause for respondents. With him on the brief was R.N. Kavanaugh, Portland.

Before McALLISTER, Chief Justice, ROSSMAN, O'CONNELL and HOLMAN, Justices.


AFFIRMED.

HOLMAN, J. (Pro Tempore)

Narcissus V. Day died intestate February 23, 1936, leaving as an estate the real property here in controversy which had been her family home. Her estate was never probated. She was survived by six children. The Smiths and the Days, who are plaintiffs herein, represent the interests of five of these children, and the defendant, Hattie Tremaine, is the sixth child. The other defendant...

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