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ESTATE OF BOOKER

557 P.2d 248 (1976)

27 Or.App. 779

In the matter of the ESTATE OF James E. BOOKER, Deceased. Ida M. Booker, Appellant, v. Rosie L. Booker, Respondent.

Court of Appeals of Oregon.

Decided December 20, 1976.

Attorney(s) appearing for the Case

Jan Thomas Baisch, Portland, argued the cause for appellant. With him on the briefs was Pozzi, Wilson & Atchison, Portland.

Richard O. Nesting, Portland, argued the cause for respondent. With him on the brief was Buss, Leichner & Barker, Portland.

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

LEE, Judge.

James E. Booker died intestate while residing in Multnomah County on February 26, 1975. On March 6, 1975 respondent, Rosie L. Booker, filed with the circuit court a "petition for appointment of personal representative and letters of administration" (ORS 113.025) in which she was described as the decedent's "surviving spouse." Based on that petition the court ordered the decedent's estate admitted to administration and appointed respondent as personal representative...

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