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BRADFORD v. DOLLANSKY

218 Or. 362 (1959)

345 P.2d 396

IN THE MATTER OF THE ESTATE OF MARY A. GAFFNEY, DECEASED BRADFORD v. DOLLANSKY, EXECUTOR

Supreme Court of Oregon.

Affirmed October 21, 1959.

Attorney(s) appearing for the Case

Alton John Bassett, Portland, argued the cause and filed a brief for appellants.

Gerald J. Meindl argued the cause for respondent. On the brief were Meindl, Mize & Kriesien, Portland, and Sheldahl & Misko, Oregon City.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL and REDDING, Justices.

AFFIRMED.

O'CONNELL, J.

In this suit the plaintiff, daughter and sole heir at law of the decedent Mary A. Gaffney, contests the purported will of the decedent on the grounds of mental incapacity and undue influence. The defendant, brother of the decedent is the proponent of the will. He was named as executor and also as a beneficiary. The dispositive provisions of the will which was dated February 11, 1948, were as follows:

"SECOND, I give and bequeath...

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