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SCHULTZ v. FIRST NAT. BK. OF PORTLAND

220 Or. 350 (1959)

348 P.2d 22

SCHULTZ v. FIRST NATIONAL BANK OF PORTLAND ET AL

Supreme Court of Oregon.

Reversed and remanded December 30, 1959.

Petition for rehearing denied February 23, 1960.

Attorney(s) appearing for the Case

Gordon A. Ramstead, Eugene, argued the cause for appellant. With him on the brief was Lynn Moore, Springfield.

McDannell Brown, Portland, argued the cause and filed a brief for respondent The First National Bank of Portland (Oregon).

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

REVERSED AND REMANDED.

WARNER, J.

This is one of the two proceedings wherein the same parties, Lester Henry Schultz is plaintiff and The First National Bank of Portland (Oregon), as executor of the last will and testament of Dorothea M. Schultz, deceased, and the heirs and devisees of Mrs. Schultz are defendants. Both cases were consolidated for purpose of argument here.1

This first proceeding was initiated in the Probate...

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