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WALKER v. WALKER

93PR023; CA A89263.

929 P.2d 316 (1996)

145 Or. App. 144

In the Matter of the Estate of Ralph Walker, Deceased. Milton WALKER, Appellant, v. Russell WALKER, as Personal Representative of the Estate of Ralph Walker, and Russell Walker, as an individual, Respondent.

Court of Appeals of Oregon.

Decided December 4, 1996.

Attorney(s) appearing for the Case

Michael P. O'Dwyer, Bandon, argued the cause and filed the brief for appellant.

Patrick R. Foley, Brookings, argued the cause and filed the brief for respondent.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

ARMSTRONG, Judge.

Contestant Milton Walker brought this proceeding to contest the validity of the will of his father, Ralph Walker. Proponent Russell Walker is the brother of Milton and the beneficiary of his father's will. In July 1979, Ralph suffered a stroke that left him partially paralyzed. He could speak only a few words and could no longer write. He executed his will in July 1990. Contestant alleged (1) that his father lacked testamentary capacity when he executed...

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