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WHISNANT v. WHISNANT

C 950108 CV and C93-0441PE; CA A89919.

928 P.2d 999 (1996)

145 Or. App. 87

Bruce Lee WHISNANT, individually and as Co-Personal Representative of the Estate of Neill Whisnant, Deceased; and Diana Marie Nyssen, Appellants, v. Frances Phipps WHISNANT, individually and as Co-Personal Representative of the Estate of Neill Whisnant, Deceased, Respondent. In the Matter of the Estate of Neill Whisnant, Deceased.

Court of Appeals of Oregon.

Decided December 4, 1996.

Attorney(s) appearing for the Case

Henry L. Bauer, Portland, argued the cause for appellants. With him on the briefs was Henry L. Bauer & Associates.

Richard S. Yugler, Portland, argued the cause and filed the brief for respondent.

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

EDMONDS, Judge.

This action is brought by residuary devisees for a declaratory judgment requiring the decedent's spouse to repay money to the decedent's estate withdrawn from the decedent's brokerage account four days after his death. The issue is whether the decedent made a gift causa mortis during his lifetime. The parties tried the case to a jury, but the trial court directed a verdict in favor of defendant after...

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