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SMITH v. McMAHON

236 Or. 310 (1964)

388 P.2d 280

SMITH ET AL v. McMAHON ET UX

Supreme Court of Oregon.

Affirmed January 15, 1964.

Attorney(s) appearing for the Case

John Gordon Gearin, Portland, argued the cause for appellants. With him on the briefs were Koerner, Young, McColloch & Dezendorf and James V. Hurley, Portland.

John H. Buttler and Nicholas Jaureguy, Portland, argued the cause for respondents. On the brief were Cake, Jaureguy, Hardy, Buttler & McEwen, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED.

SLOAN, J.

These consolidated appeals challenge a decree of the trial court which set aside gifts made to defendants by Josephine Ross, deceased, during the last years of her lifetime. One of the cases was against defendant Thomas D. McMahon only. The material evidence was the same in respect to both defendants. Plaintiffs are sisters of defendant Thomas McMahon. They will benefit by the cancellation of the gifts.

Thomas D. McMahon was a nephew...

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