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WAYBRANT v. BERNSTEIN

TC 77-3-25; CA A24324; SC 28700.

661 P.2d 931 (1983)

294 Or. 650

In the matter of the Estate of Randolph Bert DeMary, Deceased. Thomas WAYBRANT, Personal Representative of the Estate of Rosalie Lynn Waybrant, Deceased, Petitioner On Review, v. James BERNSTEIN, Personal Representative of the Estate of Randolph Bert DeMary, Deceased, Respondent On Review.

Supreme Court of Oregon.

Decided April 6, 1983.

Attorney(s) appearing for the Case

Adelbert G. Clostermann, Portland, argued the cause for petitioner on review and filed the court requested memorandum and petition in the Supreme Court.

James C. Tait, Oregon City, filed the response and supplemental memorandum in the Supreme Court and argued the cause for respondent on review.

CARSON, Justice.

The issue presented by this case is whether the circuit court order that denied the plaintiff's1 motion to vacate a prior decree closing an estate and discharging the defendant as personal representative is an appealable order.

The plaintiff's decedent was fatally injured in a one-car accident while riding as a passenger. The driver, Randolph DeMary, was also killed. For the purpose of prosecuting a wrongful death...

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