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APITZ v. DAMES

205 Or. 242 (1955)

287 P.2d 585

APITZ v. DAMES

Supreme Court of Oregon.

Reversed and remanded September 9, 1955.

Attorney(s) appearing for the Case

Ervin B. Hogan and Philip B. Lowry, of Medford, argued the cause for appellant. On the brief were Neff, Frohnmayer & Lowry, of Medford.

Robert B. Duncan, of Medford, argued the cause for respondent. With him on the brief were McAllister, Duncan & Brophy, of Medford.

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

REVERSED AND REMANDED.

BRAND, J.

The plaintiff brings this action as executor of the estate of Esther C. Joss, deceased, against the defendant as administrator, with the will annexed, of the estate of Forest G. Joss, deceased, who was the husband of Esther C. Joss. Forest G. Joss wrongfully and intentionally shot and killed his wife Esther Joss, and shortly after her death, killed himself. Upon the basis of these facts...

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