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NEASE v. CLARK

488 P.2d 1396 (1971)

In the matter of the Estate of Winifred B. Clark, Deceased. Gwen C. NEASE, Respondent, v. Johnston Wilson, Administrator with the Will Annexed of the Estate of Winifred B. CLARK, Deceased, Defendant, Geraldine Clark, Appellant.

Court of Appeals of Oregon, Department 1.

Decided September 21, 1971.

Rehearing Denied October 14, 1971.

Review Denied November 23, 1971.

Attorney(s) appearing for the Case

Richard Bryson, Eugene, argued the cause for appellant. With him on the briefs were Bryson & Robert, Eugene.

Graham Walker, Portland, argued the cause and filed the brief for respondent.

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

THORNTON, Judge.

This is an appeal from a decree invalidating a second codicil to the will of Winifred B. Clark and declaring that the decedent's property passed pursuant to her previous will and codicil.

The questions presented are whether the decedent had testamentary capacity to make the codicil and whether this codicil was the product of undue influence.

Decedent's will, executed December 2, 1959, and the first codicil, executed May 21, 1962, provided...

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