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SHIELDS v. KUDRNA

242 Or. 74 (1965)

408 P.2d 210

SHIELDS ET AL v. KUDRNA

Supreme Court of Oregon.

Affirmed November 24, 1965.

Attorney(s) appearing for the Case

Glenn D. Ramirez, Klamath Falls, argued the cause for appellants. With him on the briefs was Robert H. Goodwin, Klamath Falls.

William M. Collver, Coos Bay, argued the cause for respondent. With him on the brief were McInturff, Thom & Collver, Coos Bay.

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

AFFIRMED.

McALLISTER, C.J.

This is a declaratory judgment proceeding in which plaintiffs appeal from a decree declaring that they, as the lineal descendants of Sadie L. Cassady, are not entitled to take under the will of W.L. Cassady.

Sadie L. Cassady and W.L. Cassady were married in about 1933. No children were born as the issue of their marriage. Sadie had been married before, and the plaintiffs are her lineal descendants by her prior marriage. W...

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