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TANNER v. FARMER

243 Or. 431 (1966)

414 P.2d 340

TANNER v. FARMER

Supreme Court of Oregon.

Affirmed May 11, 1966.

Attorney(s) appearing for the Case

Maurice D. Sussman, Portland, argued the cause and submitted briefs for appellant.

Edwin J. Welsh, Portland, argued the cause for respondent. With him on the brief was Edward I. Engel, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, DENECKE and LUSK, Justices.

AFFIRMED.

SLOAN, J.

On October 4, 1962, Mrs. Marie Abbott was taken to Providence hospital in Portland. On October 6, 1962, she died intestate. Sometime during that interval her grandnephew, defendant Farmer, acquired from her $10,000 in cash. This is an action by the administrator of her estate to recover the money. However, Marie's husband, Wilbur Abbott, was Marie's sole heir, and is the real party in interest. Farmer claimed that he received the money...

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