MITCHELL v. ESTATE OF MITCHELL

A-7282; CA A40425.

733 P.2d 456 (1987)

84 Or.App. 58

In the matter of the Estate of Etta C. MITCHELL, Deceased. Matthew I. Mitchell, Appellant, v. ESTATE OF Etta C. MITCHELL, Deceased, and Vera Gee, Thelma Calbo, Arthur Mitchell and Darleen Rossi, Respondents.

Court of Appeals of Oregon.

Decided February 25, 1987.


Attorney(s) appearing for the Case

Michael G. Gunn, Portland, for the motion.

Ernest J. Burrows, Portland, contra.

Before YOUNG, P.J., and WARREN and DEITS, JJ.


YOUNG, Presiding Judge.

Etta C. Mitchell died on September 24, 1985. She had executed two wills. They were identical except as to the time when the beneficiary, Matthew Mitchell, would receive his inheritance. Shortly before her death, the deceased destroyed the second will by tearing it up and throwing it in the trash. In anticipation of hospitalization for what turned out to be her last illness, she gave the first will to her neighbors for safekeeping.

Matthew...

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