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RICKS v. BROWN

515 P.2d 206 (1973)

Herbert E. RICKS et al., Respondents, v. Gene L. BROWN, Personal Representative of the Estate of Helen Ricks, Deceased, et al., Appellants.

Court of Appeals of Oregon.

Decided October 29, 1973.

Rehearing Denied December 6, 1973.

Review Denied January 15, 1974.

Attorney(s) appearing for the Case

Gene L. Brown, Grants Pass, argued the cause for appellants. On the brief was R. Gene Smith, Grants Pass.

Donald F. Myrick, Grants Pass, argued the cause for respondents. On the brief were Donald H. Coulter, and Myrick, Coulter, Seagraves & Nealy, Grants Pass.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

SCHWAB, Chief Judge.

This is an appeal from a decree of the trial court declaring that the personal representative of the estate of Helen Ricks, deceased, is holding the assets of the estate in trust for the lineal descendants of W.T. Ricks, deceased, and the children of Helen Ricks, deceased, pursuant to a contractual agreement contained in a joint, mutual and reciprocal will of W.T. and Helen Ricks. The parties agree the sole question presented is whether the contractual...

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