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SCHAAD v. LORENZ

135-822; CA A27894 Control; A8110-06070; CA A28158.

688 P.2d 1342 (1984)

69 Or.App. 16

In the matter of the Estate of Matilda Kottmeier, Deceased. Patricia SCHAAD, Appellant, v. Carl LORENZ As Personal Representative of the Estate of Matilda Kottmeier, Deceased, Respondent. Patricia Schaad, Hilmer Finne and Eva Maxey, Appellants-Cross-Respondents, v. Carl Lorenz As Personal Representative of the Estate of Matilda Kottmeier, Deceased. Delores Lorenz, Karen Lorenz, David C. Lorenz, Kathy Jo Lorenz, Teresa Platts, John Platts, Barbara Luhrs and Christine Eide, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided July 11, 1984.

Attorney(s) appearing for the Case

Ferris F. Boothe, Portland, argued cause and filed briefs for appellants-cross-respondents.

Donald A. Bick, Eugene, argued cause for respondent-cross-respondent Carl Lorenz. With him on briefs were Janice M. Stewart, and McEwen, Hanna, Gisvold, Rankin & Van Koten, Portland, for remaining respondents-cross-appellants.

Before RICHARDSON, P.J., JOSEPH, C.J., and WARDEN, J.

JOSEPH, Chief Judge.

A.M. Kottmeier and Matilda Kottmeier, husband and wife, had no children. In 1946, when A.M. was 70 and Matilda 58, they executed a joint will, which states, in pertinent part:

"KNOW ALL MEN BY THESE PRESENTS, that we, A.M. Kottmeier and Matilda Kottmeier, husband and wife, both of sound mind and disposing memory, and desiring to make disposition of our property, do each mutually in consideration...

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