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KLEINSCHMIDT v. MATTHIEU ET AL.

201 Or. 406 (1954)

269 P.2d 686

KLEINSCHMIDT v. MATTHIEU ET AL.

Supreme Court of Oregon.

Reversed February 10, 1954.

Petition for rehearing denied June 2, 1954.

Attorney(s) appearing for the Case

Paul R. Harris, of Portland, argued the cause for appellant. With him on the brief was Henry Bauer, of Portland.

Robert F. Maguire, of Portland, argued the cause for respondents. On the brief were Stephen W. Matthieu and Maguire, Shields, Morrison & Bailey, of Portland.

REVERSED.

LATOURETTE, C.J.

The question posed is whether an action for libel lies against the estate of a testator whose will contains words libelous per se. The challenged language is:

"To my grandson, Harrison Mercer Kleinschmidt, I give and bequeath the sum of ten Dollars ($10.00). I have already given my said grandson the sum of One Thousand Dollars ($1,000.00) which he squandered. This provision is no different than that I have made for my said...

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