CRONE v. FIRST NATIONAL BANK


243 Or. 341 (1966)

413 P.2d 406

IN THE MATTER OF THE ESTATE OF JOHN DOUGLAS FINK, DECEASED CRONE v. FIRST NATIONAL BANK OF OREGON ET AL

Supreme Court of Oregon.

Affirmed April 20, 1966.


Attorney(s) appearing for the Case

George L. Wagner, Portland, argued the cause for appellant. With him on the briefs were McColloch, Dezendorf & Spears, Portland.

Richard Kingsley, Lebanon, argued the cause for respondents. With him on the brief were Morley, Thomas, Orona & Kingsley and Laurence Morley, Lebanon.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and SCHWAB, Justices.


AFFIRMED.

SLOAN, J.

On July 24, 1944, one John D. Fink executed his will. He provided in the will that "* * * a dower or one third" of all of his property should go to his wife, Ellen. In 1962, Ellen and John were divorced. John died in 1963. This case is a contest between those who would take under the will, if the will remained unrevoked on John's death, and John's heirs at law. The trial court held that the divorce revoked the will by reason of ORS 114...

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