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HELGESSON v. ESTATE OF FRANK

521 P.2d 16 (1974)

In the matter of the Estate of Beatrice A. Frank, Deceased. Leonard A. HELGESSON, Respondent, v. ESTATE OF Beatrice A. FRANK, Deceased, and Dolores Kirkendall, Personal Representative of the Estate of Beatrice A. Frank, Deceased, Defendants, Carl Otto Frank, an Heir of Said Estate, Defendant-Appellant, John U. Yerkovich, Administrator Ad Litem of the Estate of Beatrice A. Frank, Deceased, Appellant.

Court of Appeals of Oregon.

Decided April 8, 1974.

Rehearing Denied May 15, 1974.

Review Denied June 11, 1974.

Attorney(s) appearing for the Case

Donald C. Walker, Portland, argued the cause and filed the brief for appellants.

A.W. Pedersen, Portland, argued the cause and filed the brief for respondent.

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

THORNTON, Judge.

The issue on this appeal involves the authority of an executrix-personal representative to sell real property belonging to a decedent's estate. The probate court enjoined the sale upon an heir's objection; however, after intervention by the buyer, the probate court ruled that it lacked the authority to prevent a sale of real property of the estate and ordered the personal representative to proceed with the sale. The objecting heir appeals from that...

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