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WHITTEBERRY v. WHITTEBERRY

496 P.2d 240 (1972)

In the matter of the Estate of William Aldred WHITTEBERRY, Deceased. James R. Whitteberry and Jack E. Bird, Appellants, v. Richard R. WHITTEBERRY and Grace Winn and Richard R. Whitteberry, Executor of the Estate of William Aldred Whitteberry, Deceased, Respondents.

Court of Appeals of Oregon, Department 2.

Decided April 27, 1972.

Attorney(s) appearing for the Case

George M. Joseph, Portland, argued the cause for appellants. With him on the brief were Bemis, Breathouwer & Joseph, Portland.

George Harvey Bowles, Jr., Portland, argued the cause for respondents. On the brief were Watson D. Robertson and Martin & Robertson, Portland.

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

THORNTON, Judge.

This appeal is from a decree admitting to probate the will of William Whitteberry, deceased, executed on July 8, 1969. The beneficiaries under this will were decedent's brother, Richard Whitteberry, and two sisters, Grace Winn and Mary Kisor. The contestants are Jack Bird, a nephew of decedent's wife, and James Whitteberry, decedent's nephew. They seek to have this will declared invalid and to have the will executed by decedent on February 18, 1963...

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