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MATTER OF ESTATE OF HINES

573 P.2d 1260 (1978)

32 Or.App. 209

In the matter of the Estate of Arlen Dean Hines, Deceased. Mary Hines, Respondent, v. JAMES HINES, Appellant.

Court of Appeals of Oregon.

Decided January 23, 1978.

Attorney(s) appearing for the Case

Leeroy O. Ehlers, Pendleton, argued the cause for appellant. With him on the briefs was Fabre & Ehlers, Pendleton.

Alex M. Byler, Pendleton, argued the cause for respondent. With him on the brief were Peter H. Wells and Corey, Byler & Rew, Pendleton.

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

TANZER, Judge.

This is an appeal from an apportionment of the proceeds from the settlement of a wrongful death action. The apportionment was pursuant to ORS 30.040 as it existed at the time of decedent's death in 1973,1 and the parties are decedent's parents, who separated from one another in 1969 after several years of marital discord. The father (appellant) contends that the trial court was mistaken in finding the mother (respondent...

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