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BURGOYNE v. McMILLAN

488 P.2d 405 (1971)

Fred BURGOYNE, Administrator of the Estate of Carrell E. Weatherby, Also Known As Carroll E. Weatherby, Deceased, Respondent, v. Edward J. McMillan and Carol L. McMillan, Appellants.

Supreme Court of Oregon, In Banc.

Decided September 10, 1971.

Attorney(s) appearing for the Case

Glenn D. Ramirez, Klamath Falls, argued the cause for appellants. With him on the briefs were Ramirez & Hoots, Klamath Falls.

William Ganong, Jr., Klamath Falls, argued the cause for respondent. With him on the brief were Ernest F. Gordon and William L. Sisemore, Klamath Falls.

O'CONNELL, Chief Justice.

This is a suit brought by the administrator of the estate of Carrell E. Weatherby to set aside certain deeds to real property as fraudulent conveyances.1 Defendants appeal from a decree setting aside the deeds and ordering an accounting.

On May 16, 1966, Carrell E. Weatherby was hospitalized with a serious illness. Defendant Carol McMillan was summoned from her home in Las Vegas, Nevada, and on May 19...

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