MATTER OF ESTATE OF ERICKSON

No. 124-340; CA 9374.

588 P.2d 125 (1978)

37 Or.App. 811

In the matter of the Estate of Ethel Powell Erickson, Deceased. Edith Hunt and Helen Collins, Appellants-Cross-Respondents, v. HERBERT GALTON, Personal Representative of the Estate of Ethel Powell Erickson, Deceased, Respondent, and Duane Coop and Jean Coop, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided December 26, 1978.


Attorney(s) appearing for the Case

Edwin J. Welsh, Portland, argued the cause for appellants-cross-respondents. With him on briefs, was Welsh, Winfree & Noonan, Portland.

Sidney A. Galton, Portland, waived appearance for Herbert Galton, respondent.

Gary R. Ackley, Cottage Grove, argued the cause for respondents-cross-appellants Duane Coop and Jean Coop. With him on briefs, was Ackley & Kelsay, Cottage Grove.

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


RICHARDSON, Judge.

In this will contest, the probate court found that the testatrix was unduly influenced and lacked testamentary capacity at the time of the execution of the second codicil to her will, but that her first codicil was free from influence. Contestants appeal the ruling on the first codicil and proponents cross-appeal on the decision regarding the second codicil.

As each undue influence or testamentary capacity will contest case must be decided...

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