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IN RE ESTATE OF LARSELL

495 P.2d 57 (1972)

In the matter of the ESTATE OF Leo D. LARSELL, Deceased. Robert Larsell, Respondent, v. Joyce Clarke et al., Appellants.

Court of Appeals of Oregon, Department 1.

Decided March 23, 1972.

Rehearing Denied April 18, 1972.

Review Granted June 13, 1972.

Attorney(s) appearing for the Case

Bartlett F. Cole, Portland, argued the cause for appellants. With him on the briefs was Paul Gerhardt, Portland.

Douglas H. Stearns, Portland, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

SCHWAB, Chief Judge.

This will contest concerns the distribution of the assets in the estate of Mrs. Leo Larsell. On October 4, 1963, Mrs. Larsell executed her last will which provides in part:

"FIFTH: I give, devise and bequeath unto my son, Robert Larsell, all of my real property and/or interest in real property that I own situated in Wasco County, Oregon, and all of my interest, being all of the vendor's interest, in a contract of purchase and sale between...

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