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PALMER v. WHITE

50-87-09812; CA A50884.

784 P.2d 449 (1989)

100 Or.App. 36

Janet Joy PALMER, Respondent, v. Terry WHITE, Personal Representative of the Estate of Bernice Solomon, Deceased, and Trustee under the Last Will of Bernice Solomon, Appellant, and Morris Wilgus; Freida Wilgus; Chester A. Beaman, Jr.; the Elkton Bible Baptist Church, Elkton, Oregon, an Oregon Nonprofit Corporation; Mayo Foundation for Medical Education and Research, a Minnesota Not for Profit Corporation; Curtis Palmer; and Lynn Morris, Defendants.

Court of Appeals of Oregon.

Decided December 28, 1989.

Attorney(s) appearing for the Case

Michael P. Kearney, Eugene, argued the cause for appellant. With him on the briefs were Michael P. Kearney, P.C., and L. Scott Lockwood, Eugene.

William R. Turnbow, Eugene, argued the cause for respondent. With him on the brief were Hershner, Hunter, Moulton, Andrews & Neill, and David N. Andrews, Eugene.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

GRABER, Presiding Judge.

Defendant is the personal representative of testatrix' estate. He appeals a judgment that declared that plaintiff's "partial disclaimers" are valid and that the disclaimed property passes to her immediately, and free from trust, under Article VII of the will. We affirm.

The facts are not in dispute. Testatrix had two children, a son and plaintiff. The son predeceased testatrix without issue. After testatrix died, the court admitted...

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