STATE LAND BOARD v. SOVENKO


202 Or. 571 (1954)

277 P.2d 781

IN THE MATTER OF THE ESTATE OF PETER LAPPY, DECEASED STATE LAND BOARD v. SOVENKO ET AL.

Supreme Court of Oregon.

Reversed and remanded November 24, 1954.


Attorney(s) appearing for the Case

Catherine Zorn, Assistant Attorney General, of Salem, argued the cause for appellant. With her on the briefs was Robert Y. Thornton, Attorney General, of Salem.

P.A. Schwabe, of Portland, argued the cause for respondents. On the brief were Haas & Schwabe, of Portland.

Before LATOURETTE, Chief Justice, and WARNER, ROSSMAN and LUSK, Justices.


REVERSED AND REMANDED.

LUSK, J.

This is an appeal by the state of Oregon acting through the State Land Board from an order of the Circuit Court for Multnomah County, Probate Department, allowing an attorneys' fee and certain costs and expenses.

On August 21, 1946, the United States National Bank of Portland (Oregon), administrator of the estate of Peter Lappy, deceased, filed its final account with said court in which it was averred:

"VI....

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