IN RE ESTATE OF ROSENBERG


196 Or. 219 (1952)

246 P.2d 858

IN THE MATTER OF THE ESTATE OF ELISE ROSENBERG, DECEASED INGRAHAM ET AL. v. STRUVE, EXECUTOR, ET AL.

Supreme Court of Oregon.

Affirmed July 3, 1952.

Motion to recall mandate and file cost bill allowed October 1, 1952.


Attorney(s) appearing for the Case

W.C. Winslow, of Salem, and John F. Kilkenny, of Pendleton, argued the cause for appellants. With W.C. Winslow on the brief was Roy Harland, of Salem, attorneys for Emily Wodaege, Clyde Wodaege, Martha Daye Loeffler, Bertha May Rude, Anna Louise McKay and Lee McKay. C.C. Proebstel, Ralph Currin and Raley, Kilkenny & Raley, all of Pendleton, and W.C. Winslow, of Salem, filed a brief for appellants.

E.F. Bernard argued the cause for respondents and cross-appellants. On the brief were Collier, Bernard, Bernard & Edwards, of Portland, and Haas & Schwabe, of Portland.

Raley, Kilkenny & Raley, Ralph Currin, and C.C. Proebstel, all of Pendleton, for motion.

Haas & Schwabe, of Portland, contra.

Before BRAND, Chief Justice, and HAY, LUSK, LATOURETTE and TOOZE, Justices.


AFFIRMED.

LATOURETTE, J.

This is an appeal from an order revoking the probate of a will of Elise Rosenberg (hereinafter referred to as "Elise"), deceased, dated December 18, 1947, which order also admits to probate one of her previous wills dated September 25, 1947. She executed five wills in this order: July 7, 1943, August 8, 1947, September 25, 1947, October 8, 1947, and December 18, 1947, and died on June 12, 1949. Not knowing of the existence of the September...

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