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DECKARD v. NEWBERG

476 P.2d 808 (1970)

In the matter of the Estate of Olaf A. Olson, Deceased. Patricia Ann Olson DECKARD, Appellant, v. Ruby N. NEWBERG, Marie Dahl, Edward Lawrence Olson, and All Persons Unnamed or Unknown Having or Claiming Any Interest in Such Estate As Heirs or Distributees, Respondents, First National Bank of Oregon, Administrator of the Estate of Olaf A. Olson, Deceased, Defendant.

Court of Appeals of Oregon, Department 2.

Decided November 16, 1970.

Rehearing Denied December 22, 1970.

Review Denied January 26, 1971.

Attorney(s) appearing for the Case

F.P. Stager and Steve Anderson, Salem, argued the cause and filed the briefs for appellant.

Wallace P. Carson, Salem, argued the cause for respondents. With him on the brief were Carson, Carson & Carson, Salem.

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

LANGTRY, Judge.

Petitioner appeals from dismissal of her petition seeking to be declared the sole heir of the decedent's estate. She had elected to stand on her third amended petition, to which a general demurrer was sustained.

Decedent made his will in 1944, stating, among other things:

"I Give to my daughter the sum of One Hundred Dollars ($100.00), Patricia Ann Olson, and to my wife Clara E. Olson, all the rest of my property * * *."

Decedent...

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