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McFADDEN v. McFADDEN

237 Or. 125 (1964)

390 P.2d 671

IN RE ESTATE OF CARL R. McFADDEN, DECEASED McFADDEN ET AL v. McFADDEN ET AL

Supreme Court of Oregon.

Reversed and remanded March 25, 1964.

Attorney(s) appearing for the Case

Richard E. Paul, Portland, argued the cause for appellants. On the briefs were Alexander T. Bishop and Caldwell & Paul, Portland.

Benhardt E. Schmidt, Portland, argued the cause and filed a brief for respondent Zenith McFadden.

Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL, DENECKE and LUSK, Justices.

REVERSED AND REMANDED.

DENECKE, J.

Carl R. McFadden died intestate, and Zenith McFadden, his widow, petitioned the circuit court sitting in probate to have a house and lot set aside as her homestead. The administrator did not object, but the decedent's sons and heirs objected upon the ground that Zenith had entered into a prenuptial agreement with their father whereby she had relinquished her right to claim a homestead exemption. The widow contended that the...

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