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DAVIS v. HOWARD

527 P.2d 422 (1974)

In the matter of the Estate of Olive B. DAVIS, Deceased. Alney J. Davis, Respondent, v. Joe Bird HOWARD, Appellant.

Court of Appeals of Oregon.

Decided October 28, 1974.

Attorney(s) appearing for the Case

Robert P. VanNatta, St. Helens, argued the cause for appellant. On the brief were George G. VanNatta & VanNatta & Petersen, St. Helens.

Harold L. Olsen, St. Helens, argued the cause for respondent. With him on the brief were Vagt, Olsen & Coon, St. Hellens.

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

FOLEY, Judge.

This is an appeal from an order of the circuit court admitting to probate after proof in solemn form a document dated October 8, 1959, as the last will and testament of Olive B. Davis, deceased. Petitioner Joe Bird Howard (hereinafter Howard) objected to the probate of the will offered for probate by her brother, Alney J. Davis (hereinafter Davis), asserting that the court should impose a constructive trust upon the assets of the estate making Davis...

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