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IN RE ESTATE OF KRACHLER

199 Or. 448 (1953)

263 P.2d 769

IN THE MATTER OF THE ESTATE OF JOHN KRACHLER, DECEASED. STATE LAND BOARD OF OREGON v. BROWNELL, Attorney General of the United States and HAGMAIER

Supreme Court of Oregon.

Reversed and remanded November 12, 1953.

Attorney(s) appearing for the Case

Peter A. Schwabe, of Portland, argued the cause for appellant, intervener. On the brief were Haas & Schwabe, of Portland.

Catherine Zorn, Assistant Attorney General for Oregon, of Salem, argued the cause for the State Land Board of Oregon, petitioner and appellant. On the brief were George Neuner, former Attorney General for Oregon, and Cecil H. Quesseth, former Assistant Attorney General for Oregon.

Henry L. Hess, United States Attorney for the District of Oregon, of Portland, and Harold I. Baynton, Valentine C. Hammack, James D. Hill, George B. Searls and John F. Cushman, Assistant Attorneys General, on the brief for the Attorney General of the United States.

REVERSED AND REMANDED.

BRAND, J.

The question presented for decision is whether, under the provisions of OCLA, § 61-107, a resident and citizen of Germany can take under the will of a naturalized American citizen who died on 8 December 1943 in Portland, Oregon. According to the statute, the right of the German claimant to take under the will is dependent upon the existence on the date mentioned of a reciprocal...

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