BERG v. NELSON


240 Or. 330 (1965)

401 P.2d 44

IN THE MATTER OF THE ESTATE OF JEANETTE SHAW WRIGHT, DECEASED BERG v. NELSON, MULTNOMAH COUNTY

Supreme Court of Oregon.

Reversed with instructions April 21, 1965.


Attorney(s) appearing for the Case

George M. Joseph, Deputy District Attorney, Portland, argued the cause for appellant. With him on the briefs was George Van Hoomissen, District Attorney, Portland.

Norman Griffith, Portland, argued the cause and filed a brief for objector-respondent.

No appearance for James A. Nelson, administrator-respondent.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN and HOLMAN, Justices.


REVERSED WITH INSTRUCTIONS.

SLOAN, J.

1. In this insolvent estate the claimant, Multnomah County, had filed a claim for expenses of last sickness incurred at the county hospital. The objector Berg had a claim for funeral expenses. ORS 117.110 (1) provides that funeral charges and expenses of last sickness have equal priority of payment from the assets of a decedent's estate. By the statute payment of the claims should have been equally prorated. The trial...

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