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ESTATE OF HEATER

547 P.2d 636 (1976)

In the Matter of the ESTATE of Pearl E. HEATER, Deceased. Ralph W. MORLEY et al., Appellants, v. Charles M. MORLEY, personal representative of the Estate of Pearl E. Heater, Deceased, Respondent.

Court of Appeals of Oregon.

Decided March 22, 1976.

Attorney(s) appearing for the Case

Betty Jo White, Silverton, argued the cause and filed the brief for appellants.

John A. Bryan, Salem, argued the cause for respondent. On the brief was Kenneth Sherman, Jr., Salem.

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

SCHWAB, Chief Judge.

Pearl Heater died testate in December of 1972. Her will nominated Charles Morley, her step-grandson, as personal representative, and he was subsequently so appointed by the probate court. In August of 1973 a residual devisee under decedent's will petitioned for removal of Charles Morley as personal representative on the ground that he had been unfaithful or negligent in the administration of his trust. After an evidentiary hearing the probate...

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