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WEISENSEE v. HOYT

220 Or. 159 (1959)

347 P.2d 609

348 P.2d 1090

IN THE MATTER OF THE ESTATE OF GERTRUDE O. QUENVILLE, DECEASED WEISENSEE ET AL v. HOYT ET AL

Supreme Court of Oregon.

Reversed December 16, 1959.

Petition for rehearing denied February 10, 1960.

Attorney(s) appearing for the Case

Clarence A. Potts, Portland, argued the cause for appellants. On the brief were Potts & Davidson, Portland.

Ferris F. Boothe and Lamar Tooze, Portland, argued the cause for respondents. With them on the brief was Black, Kendall & Tremaine.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN and KING, Justices.

REVERSED.

SLOAN, J.

This is a will contest. The contestants, Lloyd R. and George A. Weisensee were brothers of the deceased testatrix, Gertrude O. Quenville. The proponent was James O. Hoyt, the executor and principal legatee of the challenged will. The other named parties are nominal parties only and have had no participation, as litigants, in this proceeding. The trial court, without specific findings, held the will...

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