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TAYLOR v. RUBEY

467 P.2d 132 (1970)

In the matter of the Estate of T.M. Nielsen, Deceased. Ruth A. TAYLOR, Formerly Ruth A. Nielsen, and Theodore M. Nielsen, Jr., Objectors, Appellants, v. E.E. RUBEY, Co-Executor, Respondent.

Court of Appeals of Oregon, Department 2.

Decided March 26, 1970.

Rehearing Denied April 22, 1970.

Review Denied June 23, 1970.

Attorney(s) appearing for the Case

Ray G. Brown, Portland, argued the cause for appellants. With him on the brief were Frank B. Reid, Eugene, and Bernard F. Bednarz, Salem.

Edward V. O'Reilly, Eugene, argued the cause for respondent. On the brief were O'Reilly, Anderson, Richmond & Adkins, Eugene.

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

LANGTRY, Judge.

This is an appeal from a circuit court order overruling objections to the final accounting of the co-executor, E.E. Rubey. The widow and son, who were the only heirs under the will of T.M. Nielsen, deceased, are the objectors. The objecting widow, who is now Mrs. Taylor, was the other co-executor of the estate.

T.M. Nielsen died March 22, 1955, and his will was admitted to probate on March 24, 1955. He had owned and operated extensive rock...

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