ERNEST ET UX v. PEZOLDT ET AL


223 Or. 97 (1960)

393 P.2d 621

ERNEST ET UX v. PEZOLDT ET AL

Supreme Court of Oregon.

Reversed July 6, 1960.


Attorney(s) appearing for the Case

Keith A. Caldwell and Robert E. Thompson, Portland, argued the cause for appellants. With them on the briefs were Richard E. Paul, Portland, and Castles & Musick, Beaverton.

Francis F. Yunker, Portland, argued the cause and filed a brief for respondents.

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


REVERSED.

MILLARD, J. (Pro Tempore)

This is an appeal by defendants from a decree of the circuit court of Multnomah county rendered in a suit wherein plaintiff Marie Ernest, joined by her husband Paul Ernest, claimed that her deceased brother, Walter Rudolph, prior to his death, entered into an agreement with plaintiffs, under which plaintiffs and the decedent agreed to make and execute mutual reciprocal wills whereby the survivor would become the residual...

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