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LEWIS v. RANDALL

482 P.2d 182 (1971)

Arthur H. LEWIS, Administrator De Bonis Non Cum Testamento Annexo of the Estate of Ida Grace Congdon, Deceased, Respondent, v. Barrett D. RANDALL, Defendant, Mildred J. Newkirk, Guardian of the Person and Estate of Lulu Belle Congdon, an Incompetent, Appellant, Lulu Belle Congdon, an Incompetent; Beatrice D. Clapp and Harold Rhodes Congdon, Residuary Legatees of the Estate of Ida Grace Congdon, Deceased; and William Dunlap, Defendants.

Supreme Court of Oregon, Department 1.

Decided March 10, 1971.

Attorney(s) appearing for the Case

Norman C. Berry, Portland, argued the cause and filed the brief for appellant.

Robert G. Chidester, Portland, argued the cause for respondent. With him on the brief were Smith, Anderson, Lagerquist & Bailey, Portland.

Before, O'CONNELL, C.J., and McALLISTER, HOLMAN and HOWELL, JJ.

HOWELL, Justice.

Defendant appeals from a decree entered in favor of plaintiff in a suit for a declaratory judgment. The only question presented is whether there was a delivery in law of a deed conveying certain real property from a stepmother to her stepdaughter. The trial court found that delivery was accomplished and that the parties intended to execute a bona fide transfer of the property.

The grantor in the deed, Lulu Belle Congdon, and her stepdaughter...

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