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DRUCKER v. DRUCKER

488 P.2d 1377 (1971)

Martha E. DRUCKER, Respondent, v. Fred W. DRUCKER, Deceased, and First National Bank of Oregon, Executor of the Estate of Fred W. Drucker, Deceased, Appellant.

Court of Appeals of Oregon, Department 2.

Decided October 4, 1971.

Attorney(s) appearing for the Case

Clyde R. Richardson, Portland, argued the cause for appellant. With him on the briefs were Wheelock, Richardson, Niehaus, Baines & Murphy, Portland.

John P. Kneeland and William E. Hurley, Portland, argued the cause for respondent. On the brief were William E. Hurley and Bernard, Hurley, Hodges & Kneeland, Portland.

Before SCHWAB, C.J., and FOLEY and THORNTON, Judges.

FOLEY, Judge.

Defendant husband died after the court had entered a preliminary order against him for support in a separate maintenance suit, but before any order awarding attorneys' fees had been made. The preliminary order which allowed support said, concerning attorneys' fees:

"The question of costs and sums for attorneys' fees shall be deferred at this time."

The issue on this appeal is whether the death...

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