SMITH v. FIRST NAT. BANK


574 P.2d 703 (1978)

32 Or.App. 565

Kim Renee SMITH, Jeffrey L. Smith, by Their Guardian Ad Litem Arlene Denny, Arlene Denny and Scott R. Smith, Appellants, v. THE FIRST NATIONAL BANK OF OREGON, Executor of the Will of Beulah M. Glasner, the First National Bank of Oregon, Trustee, and American Cancer Society, Respondents. Henry Berry, Helen Laughridge, Dorothy Emerson, Edna Keiser, Emmert Berry, Wayne Berry, Paul Berry, Marlene Seimens, Edith Olson, Edd Olson, June Thysell, Rudy Akre, Ethel Akre, Millie Couglin, Herman Olson, Ruth Olson, Bethlehem Church, Russ Berry, Adeline Berry, Louise Lee, Lyman Lee, Elsie Nelson, Stephanie Keiser, Tana Keiser, Mitchell Keiser, Tammy Harris, Toni Harris, Debbie Harris, Joel Seimens, Deann Seimens, Butch Laughridge, David Roice, Gerald Berry, Mary Glasner, Craig Laughridge, Gary Laughridge, Carla Berry, Judy Berry, Meg Emerson, Opal Scott and Dorothy Emerson, Trustee, Defendants.

Court of Appeals of Oregon.

Decided February 13, 1978.


Attorney(s) appearing for the Case

Francis F. Yunker, Portland, argued the cause and filed the briefs for appellants.

Robert E. Thompson, Beaverton, argued the cause for respondents The First National Bank of Oregon, Executor of the Will of Beulah M. Glasner, and The First National Bank of Oregon, Trustee. With him on the brief was Thompson, Adams, Lund & DeBast, Beaverton.

No appearance for respondent American Cancer Society.

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


BUTTLER, Judge.

This proceeding is one to contest the will of Beulah Glasner, on the grounds that decedent lacked testamentary capacity, was acting under undue influence and labored under an insane delusion regarding her daughter. Contestants are the daughter and grandchildren of decedent, and they appeal from an adverse judgment.

The decedent and her husband Clarence lived most of their lives in North Dakota; in 1974, after Clarence's retirement, they moved...

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