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ATKESON v. HOLLY

482 P.2d 732 (1971)

Howard ATKESON, Executor of the Estate of Albert E. Anthony, Deceased, Appellant, v. Evelyn E. HOLLY, Respondent.

Supreme Court of Oregon, Department 1.

Decided March 24, 1971.

Attorney(s) appearing for the Case

Willard Bodtker, Albany, argued the cause for appellant. On the briefs were Long & Bodtker, Albany.

Harrison M. Weatherford and Peter Powers, Albany, argued the cause for respondent. With them on the briefs were Weatherford, Thompson, Horton & Jordan, Albany.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN and TONGUE, JJ.

McALLISTER, Justice.

This suit in equity was brought by the executor of the estate of Albert E. Anthony against Evelyn E. Holly, in whose home Anthony lived for the last two and one-half years of his life. Plaintiff alleges two causes of suit against Mrs. Holly. First, that between January 18, 1967, and June 6, 1967, Mrs. Holly through the exercise of undue influence, obtained $3,950 from Mr. Anthony for which she has failed to account. Second, that between July 14...

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