IN RE ESTATE OF McCUE


456 P.2d 500 (1969)

In the matter of the ESTATE OF Nell Kathryn McCue, Deceased. Wesley B. Price, Jr., Administrator of the Estate of Nell Kathryn McCue, Deceased, Respondent, v. Gaylord Wood, Appellant.

Supreme Court of Oregon, Department 2.

Decided July 2, 1969.


Attorney(s) appearing for the Case

Norma Paulus and Steve Anderson, Salem, argued the cause and filed briefs for appellant.

Ronald G. Young, Albany, argued the cause for respondent. With him on the brief were Long, Bodtker & Young, Albany.

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


SLOAN, Justice.

On February 18, 1965, the decedent, Nell Kathryn McCue executed a will. The parties have stipulated that the will was valid when executed. In May 1967, following Miss McCue's death, the will was found in a drawer in her office desk. The name of the principal beneficiary of the will, and the person named as executor, (the will used the word "administrator") had been excised from the typewritten pages by a sharp instrument. Petitioner, Gaylord Wood,...

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