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IN RE ESTATE OF WEIR

535 P.2d 119 (1975)

In the matter of the ESTATE OF Sophia WEIR, Deceased. Charles Albert Carlton and Carl Marvin Carlton, As Co-Personal Representatives of the Estate of Louise M. Carlton, Appellants, v. Bill Wolf/Wayne Clawson, Respondent.

Court of Appeals of Oregon.

Decided May 19, 1975.

Attorney(s) appearing for the Case

William L. Dickson, Portland, argued the cause for appellants. With him on the briefs were Pozzi, Wilson & Atchison and Walter L. Crow, Jr., Portland. Also on the briefs were McIntruff, Thom, Collver & Rossi and Cameron C. Thom, Coos Bay.

Robert L. Thomas, North Bend, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and TONGUE, JJ.

TONGUE, Judge Pro Tem.

This is a proceeding to contest the will of Sophia Weir, a resident of Coos County. The mental capacity of the Testator is conceded, but it is contended that the will was the result of the undue influence of the sole beneficiary, Wayne Clawson, alias Bill Wolf. As in most will contest cases, the facts are of extreme importance.

The facts.

A previous will was executed by Mrs. Weir on December 28, 1971, naming one of her...

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