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BARTLETT v. WHIDDEN

449 P.2d 850 (1969)

Clarence H. BARTLETT, Administrator of the Estate of Floy E. Barker, Deceased, Appellant, v. Kenneth W. WHIDDEN, Respondent.

Supreme Court of Oregon, Department 2.

Decided January 29, 1969.

Attorney(s) appearing for the Case

Wendell E. Cameron, Portland, argued the cause for appellant. With him on the brief was William G. Dunlap, Portland.

James K. Belknap, Portland, argued the cause for respondent. With him on the brief was Edwin J. Welsh, Portland.

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

DENECKE, Justice.

The plaintiff administrator seeks to set aside a deed from his intestate, Floy Barker, to the defendant on the grounds of undue influence and Floy Barker's mental incapacity to effectively convey his property. The trial court found for the defendant and plaintiff appeals.

In 1965 Floy Barker was 90 years of age. He had a home and about $6,000 in a bank account. The plaintiff Bartlett lived next door to Barker and they were good neighbors...

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