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IN RE ESTATE OF ROBINSON

447 P.2d 94 (1968)

In the matter of the ESTATE OF Jane E. ROBINSON, Deceased. Gerre S. Voden, Jon Mason Voden, Mary Jean Voden Hitson and Michelle Voden Waltari, Appellants, v. Geraldine Yates and the First National Bank of Oregon, As Executor of the Estate of Jane E. Robinson, Deceased, Respondents.

Supreme Court of Oregon, In Banc.

Decided November 20, 1968.

Attorney(s) appearing for the Case

Peter A. Schwabe, Sr., Portland, argued the cause and filed the briefs for appellants.

Carl M. Brophy, Medford, argued the cause for respondents. On the brief were Brophy, Wilson & Duhaime, Medford.

Before PERRY, C.J., and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and MENGLER, JJ.

MENGLER, Justice pro tem.

This is an appeal from a decree holding that the plaintiffs were not pretermitted grandchildren of testatrix, Jane E. Robinson. The plaintiffs' contention is: (1) that the will mentions four grandchildren of Stewart Voden, deceased, son of testatrix, but does not mention the plaintiffs who are his four children, and (2) that the will did not operate to name or provide for them and they are therefore entitled to distribution as pretermitted...

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