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BROWN, ADM'R v. MILES

193 Or. 466 (1951)

238 P.2d 761

BROWN, AS ADM'R v. MILES ET AL.

Supreme Court of Oregon.

Reversed with directions December 19, 1951.

Attorney(s) appearing for the Case

Bruce Spaulding, of Portland, argued the cause and filed a brief for appellant.

W.C. Winslow, of Salem, argued the cause for respondents. With him on the brief were Norman K. Winslow and Ronald C. Glover, both of Salem.

Before BRAND, Chief Justice, and HAY, ROSSMAN, WARNER and TOOZE, Justices.

REVERSED WITH DIRECTIONS.

TOOZE, J.

James A. Craft, as the widower of Minnie D. Craft, deceased, filed in the probate department of the circuit court of Marion county his petition to have set apart to him the home property occupied by him and decedent at the time of her death as his homestead, pursuant to the provisions of § 19-602, OCLA. The petition was resisted by the executor and the beneficiaries of the last will and testament of decedent. The trial...

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