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PATECKY v. FRIEND ET AL

220 Or. 612 (1960)

350 P.2d 170

PATECKY v. FRIEND ET AL

Supreme Court of Oregon.

Affirmed as modified March 9, 1960.

Attorney(s) appearing for the Case

Wilber Henderson, Portland, argued the cause for appellants. With him on the briefs was Earl F.G. Hurlburt, Portland.

Philip A. Levin and William M. Keller, Portland, argued the cause for respondent. With Philip A. Levin on the brief were Keller & Keller, Portland.

Before McALLISTER, Chief Justice, and LUSK, SLOAN and DUNCAN, Justices.

AFFIRMED AS MODIFIED.

DUNCAN, J. (Pro Tempore)

Defendants appeal from a decree in equity based on findings of fact and conclusions of law of the circuit court for Multnomah county, holding that plaintiff, Blanche F. Patecky, is entitled to the entire net estate of Samuel Friend, deceased, by virtue of an oral agreement between that decedent and his former wife, Emma, whereby they contracted to leave all their property respectively to the survivor of them,...

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