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BENEDICT v. LEE, ADM.

198 Or. 378 (1953)

256 P.2d 507

BENEDICT v. LEE, ADMINISTRATOR

Supreme Court of Oregon.

Reversed with directions April 29, 1953.

Attorney(s) appearing for the Case

Louis E. Starr, of Portland, argued the cause and filed a brief for appellant.

George P. Winslow, of Tillamook, argued the cause and filed a brief for respondent.

Before LATOURETTE, Chief Justice, and LUSK, TOOZE and PERRY, Justices.

REVERSED WITH DIRECTIONS.

TOOZE, J.

Clarence G. Benedict, as the widower of Cecilia F. Benedict, deceased, filed in the probate department of the county court for Tillamook county, Oregon, his petition to have set apart to him as his homestead certain real property located in Tillamook county, which was owned by his wife at the time of her death. The petition was resisted by George W. Lee, as administrator de bonis non, with will annexed, of the estate of...

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