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MITCHELL v. McINTEE

514 P.2d 1357 (1973)

In the matter of the Estate of Avis MITCHELL, Deceased. John A. Mitchell, Respondent, v. Mary Jane McIntee, Personal Representative of the Estate of Avis Mitchell, Appellant.

Court of Appeals of Oregon.

Decided October 22, 1973.

Attorney(s) appearing for the Case

Bruce H. Grim, Salem, argued the cause for appellant. With him on the brief were Douglas, Ahmed, Grim & Fender, P.C., Salem.

Vincent G. Ierulli, Portland, argued the cause for respondent. With him on the brief were Franklin, Bennett, Ofelt, Des Brisay & Jolles, Portland.

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

TANZER, Judge.

This is an appeal by the personal representative of the estate of Avis Mitchell from an order granting John Mitchell an elective share of the estate pursuant to ORS 114.105.

John Mitchell and Avis Mitchell were married in October 1965 and they lived in Portland, Oregon, continuously until the winter of 1968. In 1968 John Mitchell developed heart trouble, which made it advisable for him to spend the winter months in Arizona.

The Mitchells...

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