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McCARTHY v. BANK OF CALIFORNIA

No. E3555; CA A24059.

668 P.2d 481 (1983)

64 Or.App. 473

In the matter of the Estate of Carol W. Langan, Deceased. Charles C. McCarthy, James J. Langan, and Mignon Whitfield, Respondents, v. BANK OF CALIFORNIA, Personal Representative, Appellant.

Court of Appeals of Oregon.

Decided August 31, 1983.

Attorney(s) appearing for the Case

James R. Cartwright, Portland, argued the cause and filed the briefs for appellant.

Glen McClendon, Portland, argued the cause for respondent Charles C. McCarthy. With him on the brief were Rick Haselton, and Lindsay, Hart, Neil & Weigler, Portland.

No appearance for respondent James J. Langan and Mignon E. Whitfield.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

WARDEN, Judge.

In this will contest, contestants petitioned the probate court to revoke the probate of decedent's will dated April 30, 1976, contending that decedent lacked testamentary capacity to execute the will and that the will was the result of undue influence by the principal beneficiary. Contestants also petitioned for the admission to probate of an earlier will, dated September 26, 1973. The trial court revoked the probate of the 1976 will and admitted the...

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