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MINSINGER v. U.S. NAT. BANK

228 Or. 218 (1961)

364 P.2d 615

IN THE MATTER OF THE ESTATE OF CHARLES E. MINSINGER, DECEASED MINSINGER ET AL v. THE UNITED STATES NATIONAL BANK OF PORTLAND ET AL

Supreme Court of Oregon.

Affirmed September 6, 1961.

Attorney(s) appearing for the Case

Don S. Willner, Portland, argued the cause for appellants. On the brief were Lenon & Willner and Robert A. Bennett.

Clarence D. Phillips, Portland, argued the cause for respondents Masonic and Eastern Star Home of Forest Grove, Oregon, and Shriners Hospital for Crippled Children. On the brief were Phillips, Coughlin, Buell & Phillips.

Leonard D. Alley, George B. Campbell, and Leonard Bennett, Portland, argued the cause for respondents David W. Killion, The United States National Bank of Portland, Esther Minsinger Legler, and Frances McBrayer. With them on the brief were Castles, Musick & Thompson, Williams & Alley, Koerner, Young, McColloch & Dezendorf, and Smith, Gray, Hill & Rodgers.

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

AFFIRMED.

LUSK, J.

This is an appeal from an order of the circuit court for Multnomah county, probate department, admitting to probate the will of Charles E. Minsinger, deceased.

1. The question for decision is whether there can be in Oregon a partial revocation of a will by cancellation.

The testator died August 23, 1959, leaving an estate consisting of real and personal property appraised at $139,264.76. His will, as drawn and executed by...

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