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CLINE v. LARSON

234 Or. 384 (1963)

383 P.2d 75

IN THE MATTER OF THE ESTATE OF RILLA T. STACK, DECEASED CLINE ET AL v. LARSON

Supreme Court of Oregon.

Reargued April 5, 1963.

Reversed June 12, 1963.

Attorney(s) appearing for the Case

Stewart M. Whipple, Portland, argued the cause for appellant. On the brief were Seitz, Easley & Whipple, Portland.

David H. Breuer, Portland, argued the cause for respondents. With him on the brief were W.C. Beers and Walter W. Yeager, Portland.

No appearance on behalf of Intervenor-Respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

REVERSED.

ROSSMAN, J.

This is an appeal by Edna D. Larson, individually and as executrix of the estate of Rilla T. Stack, a deceased widow, from a decree of the circuit court which ruled that a document in the form of a will which Mrs. Stack executed August 3, 1955, was "a nullity and of no force or effect whatsoever." The will named Miss Larson residuary legatee and nominated her as executrix. The execution of the document was succeeded on July 22, 1957,...

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