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CHALABY v. DRISKELL

237 Or. 245 (1964)

390 P.2d 632

391 P.2d 624

CHALABY v. DRISKELL

Supreme Court of Oregon.

Affirmed March 25, 1964.

Petition for rehearing denied April 15, 1964.

Attorney(s) appearing for the Case

Morton A. Winkel, Portland, argued the cause for appellant. With him on the brief were Norman A. Stoll and Reinhardt, Coblens & Stoll, Portland.

Thomas H. Ryan, Portland, argued the cause for respondent. With him on the brief was Lester W. Humphreys, Portland.

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

AFFIRMED.

O'CONNELL, J.

Plaintiff filed a claim against the estate of William E. Driskell to recover on three promissory notes executed by the decedent. Defendant disallowed the claim. The present action was brought against defendant individually and as administrator of the decedent's estate. Plaintiff prayed for (1) a judgment allowing his claim, (2) an order invalidating a claim against the estate filed by defendant, (3) a decree impressing a trust in favor...

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