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STATE v. DEVORE

479 P.2d 1013 (1971)

STATE of Oregon, Respondent, v. Max DEVORE, Executor of the Estate of Tressa Devore, Deceased, Appellant.

Court of Appeals of Oregon, Department 1.

Decided January 28, 1971.

Attorney(s) appearing for the Case

Charles R. Cater, LaGrande, argued the cause and filed the briefs for appellant.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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

FORT, Judge.

Tressa Devore was a patient in the Eastern Oregon Hospital from October 8, 1951, until her death on March 21, 1969. The defendant was duly appointed executor of her estate, and the state (plaintiff herein) timely filed a claim for her support. Defendant rejected the claim, and this action for its recovery was instituted. When the jury had heard all of the testimony and both sides had rested, each moved for a directed verdict. The court refused to grant...

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