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WERDEN v. THORPE

90-P-0226; CA A73740.

867 P.2d 557 (1994)

126 Or. App. 97

In the Matter of the Estate of Robert Werden, Deceased. Darin H. WERDEN, Appellant, v. Linda Gayle THORPE, Personal Representative of the Estate of Robert Werden, Deceased, and Linda Gayle Thorpe Werden, Personally, Respondents.

Court of Appeals of Oregon.

Decided January 19, 1994.

Review Denied April 12, 1994.

Attorney(s) appearing for the Case

G. Kenneth Shiroishi, Portland, argued the cause, for appellant. With him on the briefs were Dunn, Carney, Allen, Higgins & Tongue, Portland, Dennis R. Ingram and Ingram, Rich and Hall, Grants Pass.

Ronald B. Versteeg, Grants Pass, argued the cause, for respondent Linda Gayle Thorpe, Personal Representative. With him on the brief was Schultz, Salisbury, Cauble & Versteeg.

William H. Ferguson, Medford, filed the brief, for respondent Linda Gayle Thorpe Werden, personally.

Before DEITS, P.J., RIGGS, J., and DURHAM, J. Pro Tempore.

DURHAM, Judge Pro Tempore.

Darin H. Werden (Darin), the son of decedent Robert Werden (Werden), filed a petition to set aside Werden's 1983 will, which had been admitted to probate. He alleged that, as a matter of law, the will had been revoked in 1989 by Werden's marriage to respondent Linda Thorpe-Werden (Linda). After a trial, the court entered judgment in favor of respondents. We affirm.

Werden met Linda in 1975, while he was married. He later divorced...

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