MATTER OF ESTATE OF PHILLIPS


542 P.2d 928 (1975)

In the matter of the Estate of Margaret Myer Phillips, Deceased. Margaret Ann Veberes and Kathryn Jane Ritter, Appellants, v. R.W. PHILLIPS, Personal Representative, and Karen Jean Cooper, Respondents.

Court of Appeals of Oregon.

Decided November 24, 1975.


Attorney(s) appearing for the Case

James Eickelberg, Corvallis, argued the cause and filed the brief for appellants.

Ben Graham, Jr., Dallas, argued the cause and filed the brief for respondent R.W. Phillips, Personal Representative.

No appearance for respondent Karen Jean Cooper.

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


FORT, Judge.

Two of the four heirs of Margaret Myer Phillips appeal from an order approving the final account and decree of distribution of her intestate estate. The issues on appeal are whether the probate court erred in distributing the decedent's farm to the heirs as tenants in common despite a decree of partition by the circuit court entered by consent of the parties decreeing otherwise while the estate was in administration, which decree divided the farm property...

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