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TOWNE v. COTTRELL

236 Or. 151 (1963)

387 P.2d 576

TOWNE ET AL v. COTTRELL ET AL

Supreme Court of Oregon.

Affirmed December 11, 1963.

Attorney(s) appearing for the Case

John L. Flynn, Ashland, argued the cause for appellants. With him on the briefs was Richard C. Cottle, Ashland.

R. Gene Smith, Grants Pass, argued the cause for respondents. With him on the brief was Gene L. Brown, Grants Pass.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

AFFIRMED.

DENECKE, J.

This is a suit to quiet title involving the construction of the Oregon statute relating to pretermitted heirs. The plaintiffs claim as devisees under the will of Maude Towne. Two of the plaintiffs are children of the testatrix. The other plaintiffs are the grandson of the testatrix and his wife. The plaintiff grandson was the son of Thomas Towne, a predeceased child of the testatrix. The defendants are the other children of the decedent...

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