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DEPARTMENT OF REVENUE v. FIRST NAT. BK. OF ORE

482 P.2d 750 (1971)

In the matter of the Estate of George J. Stangier, Deceased. C.H. Mack, Director, DEPARTMENT OF REVENUE, and Department of Revenue of the State of Oregon, Respondents, v. FIRST NATIONAL BANK OF OREGON, Executor, and Robert B. Stangier, Trustee, Appellants.

Court of Appeals of Oregon, Department 1.

Decided March 25, 1971.

Attorney(s) appearing for the Case

Gene Conklin, Pendleton, argued the cause for appellants. With him on the briefs were Cramer, Gronso & Pinkerton, Burns.

Richard A. Uffelman, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Lee Johnson, Atty. Gen., and Walter J. Apley, Asst. Atty. Gen., Salem.

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

FORT, Judge.

The decedent died testate on February 13, 1967. Two days later his will was filed for probate. On August 11, 1967, decedent's heirs filed a petition contesting the will's validity, which terminated in a stipulated settlement. On November 30, 1967, the court entered a decree which provided:

1. "* * * [T]he Court makes no finding as to the validity or invalidity of the Will * * *." 2. "That the stipulated settlement of the parties is...

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