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IN RE ESTATE OF BARBER

No. 124-727; CA 9032.

586 P.2d 103 (1978)

36 Or.App. 39

In re the ESTATE OF Cherie Lee BARBER. Kathy L. Barber and Alf Barber, As Guardian Ad Litem for Alf Barber, Jr., and Teresa Barber, Appellants, v. Dwight L. Johnston, Respondent.

Court of Appeals of Oregon.

Decided November 6, 1978.

Attorney(s) appearing for the Case

T. Leonard O'Byrne, Portland, argued the cause and filed the brief for appellants.

Richard L. King, Portland, argued the cause for respondent. With him on the brief was Gordon M. MacLaren, Portland.

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

RICHARDSON, Judge.

In this will contest case the three children of decedent challenge the will admitted to probate. They contend decedent lacked testamentary capacity and the will was the product of undue influence exerted by decedent's uncle, Dwight Johnston, the personal representative of the estate. The court admitted the will to probate and the contestants appeal. Our review is de novo.

Decedent, Cherie Barber, who was 39 years old at her death...

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