ESTATE OF JOHNSON


547 P.2d 658 (1976)

In the Matter of the ESTATE of Edgar A. JOHNSON, Deceased. Ada SPENCER, Appellant, v. Dwain W. HAMIT, Respondent.

Court of Appeals of Oregon.

Decided March 29, 1976.


Attorney(s) appearing for the Case

F.P. Stager, Salem, argued the cause and filed the briefs for appellant.

Robert T. Scott, Albany, argued the cause for respondent. With him on the brief were Scott & Norman, Albany.

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


LANGTRY, Judge.

Petitioner appeals from a decree admitting to probate the will of her deceased brother Edgar Johnson. Petitioner contests the will on the grounds that proponent — nominated therein as personal representative and designated as principal beneficiary — "unduly influenced" decedent in its preparation and execution and because at the time of its execution — December 20, 1974 — decedent was without testamentary capacity.

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