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IN RE ESTATE OF WALKER

468 P.2d 655 (1970)

In the matter of the ESTATE OF George W. WALKER, Deceased. Mary B. Walker, Appellant, v. Edith Sherriff, Guardian of the Person and Estate of Jerry George Walker, a Minor, Respondent.

Court of Appeals of Oregon, Department 2.

Decided April 23, 1970.

Attorney(s) appearing for the Case

Randolph Slocum, Roseburg, argued the cause and filed the briefs for appellant.

Edward M. Murphy, Roseburg, argued the cause for respondent. With him on the brief were Stults, Jayne, Murphy & Anderson, Roseburg.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

FOLEY, Judge.

The principal question in this probate proceeding is whether an illegitimate child can claim benefits (setting apart exempt property for his nurture and education) from his father's estate absent a formal proceeding to legitimize the child, or other proceeding to establish paternity.

George Walker died on August 31, 1968. He and Edith Sherriff had lived together for many years but were never married, and apparently separated sometime prior to...

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