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PHILPOTT v. YEOMAN

488 P.2d 811 (1971)

In the matter of the Estate of Rosina Bronson, Deceased. Lavelle PHILPOTT and Thomas J. Bronson, Appellants, v. Iia YEOMAN et al., Respondents.

Court of Appeals of Oregon, Department 1.

Decided September 21, 1971.

Attorney(s) appearing for the Case

Eric B. Lindauer, Salem, argued the cause for appellants. With him on the brief were Swan, Butler & Looney, H. Clifford Looney, Vale, and Clark & Marsh, Salem.

E.L. Crawford, Salem, argued the cause for respondents Ila Yeoman, Vera Hammack, Arthur Bronson, Ruby Perry and Ila Yeoman, Executrix. With him on the brief were Crawford, Garrett, Webb & Seideman, Salem.

J. Ray Rhoten, Salem, argued the cause for respondent Eugene Bronson. With him on the brief were Rhoten, Rhoten & Speerstra, Salem.

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

FORT, Judge.

This is an appeal from a decree entered in a declaratory judgment proceeding brought by two grandchildren of Rosina Bronson, deceased. They are the children of Otto Bronson. Plaintiffs contend that they are pretermitted heirs under the decedent's will. The trial court concluded otherwise and they appeal.

The will of Rosina Bronson was duly admitted to probate in Oregon. No appeal was taken from that order. In so far as relevant to this proceeding...

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