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SMITH v. SURRATT

440 P.2d 862 (1968)

In the matter of the Estate of Harold M. Peery, Deceased. Edesse Peery SMITH, Mark Cameron Peery, Jean Peery Young, and Stephanie Pague, Contestants-Appellants, v. Elmer SURRATT, and Elmer Surratt As Executor of the Estate of Harold M. Peery, Deceased, Proponent-Respondent.

Supreme Court of Oregon, Department 2.

Decided May 15, 1968.

Attorney(s) appearing for the Case

Stanley R. Darling, Eugene, argued the cause for contestants-appellants. On the briefs were Darling, Vonderheit, Hershner & Hunter, Eugene, and Norman K. Winslow, Salem,

Richard H. Allen, Salem, argued the cause for proponent-respondent. On the brief were Allen, Storz, Pierson & Barlow, and Dale Pierson, Salem,

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN and LUSK, JJ.

PER CURIAM.

This is a will contest. The contestants are the two children of the testator plus two persons who had been named in an earlier will and were omitted from the will admitted to probate. The proponent of the will, Surratt, was a friend who had been associated for several years with the testator in a mining venture. The contestants claim that Surratt exercised undue influence on the testator to induce him to leave the bulk of his estate to Surratt. The trial...

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