DOLVEN v. FIRST NATIONAL BANK


238 Or. 306 (1964)

393 P.2d 196

IN THE MATTER OF THE ESTATE OF ETHEL E. WHEELER, DECEASED DOLVEN ET AL v. THE FIRST NATIONAL BANK OF OREGON ET AL

Supreme Court of Oregon.

Affirmed June 17, 1964.

Petition for rehearing denied September 9, 1964.


Attorney(s) appearing for the Case

William E. Hanzen, Pendleton, argued the cause for appellants. On the briefs were Isaminger & Hanzen, Pendleton.

Lawrence B. Rew and George H. Corey, Pendleton, argued the cause for respondent, The First National Bank of Oregon, Executor of the Estate of Ethel E. Wheeler. On the brief were Corey & Byler, Pendleton.

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


AFFIRMED.

SLOAN, J.

Plaintiffs seek to set aside the will of the decedent Ethel E. Wheeler. The will had been admitted to probate. The challenged will had been executed in 1958. Plaintiffs contend that Mrs. Wheeler had executed a later will which had revoked the 1958 will. However, the later will, if it had been executed, could not be found.

Prior to the time that the 1958 will was submitted for probate plaintiff, Gloria Dolven, who was the daughter...

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