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DEAN v. FIRST NAT'L BANK

217 Or. 340 (1959)

341 P.2d 512

IN THE MATTER OF THE ESTATE OF JENNIE M. SESSIONS, DECEASED DEAN ET AL v. FIRST NATIONAL BANK ET AL

Supreme Court of Oregon.

Affirmed as modified July 1, 1959.

Petition for rehearing denied July 29, 1959.

Attorney(s) appearing for the Case

Jack L. Kennedy, Portland, argued the cause for appellants. On the briefs were Krause, Evans & Lindsay, Walter H. Evans, Jr., and Jack L. Kennedy, Portland.

Carl M. Brophy, Medford, argued the cause for respondents First National Bank of Portland (Oregon), William Michael Tuffs, a minor, and William Sherman Tuffs. On the briefs were Duncan, Brophy, Wilson & Duhaime, Medford.

Before ROSSMAN, Presiding Justice, and LUSK, WARNER, PERRY, SLOAN and O'CONNELL, Justices.

AFFIRMED AS MODIFIED.

WARNER, J.

This is an appeal in a will contest. The contestants Dean and Ross seek to have an order admitting the will of Jennie M. Sessions, deceased, executed August 2, 1950, vacated and have a will executed by her on August 25, 1949, probated in lieu thereof. From an adverse judgment, the contestants alone appeal.

Mrs. Sessions died on March 13, 1951, being then approximately 92 years of age. She left no children or lineal...

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