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WISHARD v. TURNER

478 P.2d 438 (1970)

In the matter of the Estate of Delora L. Pugh, Deceased. Dorotha Wilkes WISHARD, Respondent, v. Dora Leona TURNER, Executrix of the Estate of Delora L. Pugh, Deceased, Appellant.

Court of Appeals of Oregon, Department 2.

Decided December 23, 1970.

Attorney(s) appearing for the Case

Donald G. Morrison, Hermiston, argued the cause and filed the brief for appellant.

Gerald R. Pullen, Portland, argued the cause for respondent. With him on the brief was Theodore D. Lachman, Portland.

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

FORT, Judge.

This is an appeal from a decree denying probate of the last will and testament of Delora L. Pugh. The proponent-appellant is the decedent's sister and coexecutrix of the estate, and the contestant-respondent is a niece of the decedent.

Contestant filed a suit seeking to set aside the decedent's will on three grounds, namely, that the will was not properly executed, that the decedent lacked testamentary capacity, and that execution of the will...

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