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MATTER OF ESTATE OF BUESCHER

570 P.2d 981 (1977)

31 Or.App. 455

In the matter of the Estate of Albert H. Buescher, Deceased. Herbert P. Schmidt and Herbert Beuscher, Respondents, v. FIRST NATIONAL BANK OF OREGON, Personal Representative, Appellant.

Court of Appeals of Oregon.

Decided November 7, 1977.

Attorney(s) appearing for the Case

Ernest J. Burrows, Portland, argued the cause for appellant. With him on the brief was Ross A. Fearey, Portland.

Frank McK. Bosch, Portland, argued the cause and filed the brief for respondent Herbert Beuscher.

No appearance for respondent Herbert P. Schmidt.

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

SCHWAB, Chief Judge.

The First National Bank of Oregon (the Bank), the personal representative, appeals from a probate court order sustaining an objection to the final account of the estate of Albert Buescher.

Albert Buescher died testate on October 15, 1975. His wife, Emily M. Buescher, had predeceased him. The distributive sections of Albert Buescher's will, executed September 4, 1969, provided:

"(a) I give, devise and bequeath one part thereof...

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