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IN RE ESTATE OF MARTIN

457 P.2d 662 (1969)

In the matter of the ESTATE OF Jennie MARTIN, Deceased. Robert Martin and Violet Beeh, Respondents, v. The United States National Bank of Portland, (Oregon), Defendant, Sisters of Mercy of Oregon, an Oregon Corporation, Dba Mt. St. Joseph's Residence and Nursing Home, Appellant.

Court of Appeals of Oregon.

Decided August 22, 1969.

Attorney(s) appearing for the Case

David K. Young, Portland, argued the cause and filed the brief, for appellant.

Charles V. Elliott, Portland, argued the cause for respondents. With him on the brief were Elliott, Davis, Rader & Kitson, Portland.

Before SCHWAB, C.J., and FOLEY, FORT and BRANCHFIELD, JJ.

FOLEY, Judge.

Decedent, resident of a nursing home, executed a will in October, 1962 with defendant bank as executor, leaving her estate in equal shares to her two children, respondents herein. In May, 1965, decedent told the administrator of the nursing home she wanted to change her will. The administrator contacted James Perry, the employe of the bank who had been handling her affairs and he conveyed her wishes to her attorney who prepared a codicil. The codicil...

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