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VSETECKA v. NOVAK

478 P.2d 655 (1971)

In the matter of the Estate of Frank Novak, Deceased. Carrie VSETECKA, Appearing by and through Her Guardian Lillian C. Taylor, and Lillian C. Taylor, Respondents, v. Frankie NOVAK, Acting As Executor of the Estate of Frank Novak, and Frankie Novak, Appellants, Estelle Kerins, Helen Nickerson, Marie Herron and Annie Novak, Defendants.

Court of Appeals of Oregon, Department 1.

Decided January 7, 1971.

Attorney(s) appearing for the Case

F.P. Stager, Salem, argued the cause and filed the briefs for appellants.

Melvin B. Goode, Albany, argued the cause for respondents. With him on the brief was Raymond D. Matthies, Albany.

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

LANGTRY, Judge.

This appeal is from a decree of the circuit court setting aside the will of Frank Novak.

The decedent died December 24, 1968, at age 72. The will was made in the office and with the aid of a Stayton, Oregon, attorney on May 9, 1966. This attorney and his secretary, who attested the will, testified to little or no memory of the event.

The will left $5.00 each to five nieces, some the children of Frank's sister, Carrie, who was still...

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