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THOM v. BAILEY

471 P.2d 809 (1970)

In the matter of the Estate of James Elbridge Elliott, Deceased. Meta Marie THOM, Appearing by and through Dorothy Jane Keil, Guardian of Her Estate, Respondent, v. Gladys BAILEY, Robert James Bailey, Maurine Elliott Williams and Mary Lee Bailey Farley, Appellants. Meta Marie Thom, Appearing by and through Dorothy Jane Keil, Guardian of Her Estate, Respondent, v. GLADYS BAILEY AND ROBERT JAMES BAILEY, Her Husband, Maurine Elliott Williams and John Doe Williams, Her Husband, Mary Lee Bailey Farley and John Doe Farley, Her Husband, Appellants, Carol Joan Elliott Ames and John Doe Ames, Her Husband, Defendants. In the matter of the Estate of James Elbridge Elliott, Deceased. Meta Marie Thom, Appearing by and through Dorothy Jane Keil, Guardian of Her Estate, Respondent, v. Gladys BAILEY, Robert James Bailey, Maurine Elliott Williams and Mary Lee Bailey Farley, Appellants, Carol Joan Elliott Ames, Proponent.

Court of Appeals of Oregon, Department 1.

Decided June 25, 1970.

Attorney(s) appearing for the Case

William E. Hanzen, Pendleton, argued the cause for appellants, on the briefs were Isaminger & Hanzen, Pendleton, and George W. Roberts, Walla Walla, Wash.

Robert W. Collins, Pendleton, argued the cause for respondent, with him on the brief were Sherwood & Tugman, Walla Walla, Wash.

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

FOLEY, Judge.

This is a probate proceeding in which the trial court found that the plaintiff, Meta Marie Thom, was the daughter of the deceased, James Elbridge Elliott, and as such was his sole heir and entitled to inherit his entire estate. Defendant, the personal representative of James Elbridge Elliott's estate, appeals, contending that the trial court erred (1) in denying her motion to dismiss the proceedings, and (2) in finding that the evidence supported plaintiff...

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