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MATTER OF ESTATE OF HUNTER

No. P-48-76; CA 9254.

588 P.2d 617 (1978)

37 Or.App. 545

In the matter of the Estate of George Ian Hunter, Deceased. Louise E. Hunter, Petitioner, Respondent-Cross-Appellant, v. CLIFFORD CRAFT, Personal Representative and Proponent, Appellant-Cross-Respondent, Clinton R. Hunter, Contestant, Respondent-Cross-Appellant, Joan C. Hunter Greene, Carol I. Hunter, Lucille O'Brien, Shriner's Hospital for Crippled Children, Jackson County Chapter of the American Red Cross, Ashland Lodge No. 944, Benevolent and Protective Order of Elks of Ashland, Oregon, Lawrence L. Clark, Mrs. Alfred (Rose) Greene or Alfred Greene, Montague Hunter, and B.J. Holland, Heirs and Devisees.

Court of Appeals of Oregon.

Decided December 18, 1978.

Attorney(s) appearing for the Case

Thomas C. Howser, Ashland, argued the cause for appellant-cross-respondent. With him on briefs, were Ronald K. Cue and Cottle, Howser & Hampton, Ashland.

Joel B. Reeder, Medford, argued the cause and filed briefs, for respondent-cross-appellant Louise E. Hunter.

Karen C. Allan, Medford, argued the cause for respondent-cross-appellant Clinton R. Hunter. With her on brief, was Frohnmayer, Deatherage, Foster & Purdy, Medford.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

RICHARDSON, Judge.

This suit involves a will contest in which Clifford Craft, as executor, petitioned for probate of the will of decedent George Hunter. Louise Moon Hunter, decedent's widow, petitioned to have the will declared revoked by operation of ORS 112.305 and a distribution of the estate to her as the sole intestate heir. Clinton Hunter filed a petition asserting the will was revoked by operation of ORS 112.305 and that he was the son of decedent and entitled...

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