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MATTER OF ESTATE OF HURLBUTT

No. E-2190; CA 10355.

585 P.2d 724 (1978)

36 Or.App. 721

In the matter of the Estate of Lewis Culter Hurlbutt, Deceased. Esther H. Hurlbutt, Respondent-Cross-Appellant, v. FRANK C. HURLBUTT, Personal Representative of the Last Will and Testament of Lewis Culter Hurlbutt, Deceased, and Frank C. Hurlbutt, an Individual, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided October 30, 1978.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and filed the brief for appellant-cross-respondent.

Patrick J. Furrer, Tigard, argued the cause and filed the brief for respondent-cross-appellant.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

RICHARDSON, Judge.

In this declaratory judgment action the court decreed that at the time of decedent's death he held a one-half interest in certain real property in constructive trust for plaintiff, his widow, and that she is the owner of one-half in common with the defendant who was awarded the property through decedent's will.

The facts are briefly summarized as follows. Decedent, Lewis Hurlbutt, died testate August...

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