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IN RE ESTATE OF NAWROCKI

200 Or. 660 (1954)

268 P.2d 363

IN THE MATTER OF THE ESTATE OF CASIMIR NAWROCKI, DECEASED NAWROCKI v. KIRKPATRICK, EXECUTOR

Supreme Court of Oregon.

Reversed and remanded March 24, 1954.

Attorney(s) appearing for the Case

George L. Hibbard, of Oregon City, argued the cause for appellant. With him on the brief were Beattie & Hibbard, and John C. Caldwell, all of Oregon City.

Clifford S. Beckett, of Oregon City, argued the cause for respondent. With him on the brief were Butler, Jack & Beckett, of Oregon City.

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

REVERSED AND REMANDED.

BRAND, J.

On 13 February 1945 the testator Casimir F. Nawrocki executed a will by which he devised real property to his wife Mary E. Nawrocki in lieu of dower. On 23 August 1950 he executed a mortgage on the same property, his wife joining therein for his accommodation. The testator died on 29 June 1951. The estate was admitted to probate and an executor was appointed. His widow filed an election to take under the will in lieu of dower...

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