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WILSON v. CULBERTSON

No. 184-840; CA 13904.

599 P.2d 1163 (1979)

41 Or.App. 475

Fred Douglas WILSON, Appellant, v. Frank Lloyd CULBERTSON, Personal Representative of the Estate of El Rita Culbertson, Deceased, Respondent.

Court of Appeals of Oregon.

Decided August 20, 1979.

Attorney(s) appearing for the Case

Kent Morris, Jr., Portland, argued the cause and filed the brief for appellant.

J. Bradley Littlefield, Portland, argued the cause for respondent. With him on the brief was Goldsmith, Siegel, Engel & Littlefield, Portland.

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

TANZER, Judge.

Plaintiff brought this action against the personal representative of an estate to recover damages for loss of personal property. Defendant filed a plea in abatement, contending that the claim against the estate was barred because it had not first been presented to the personal representative as required by ORS 115.005(1). The district court sustained the plea in abatement because it concluded that plaintiff had not complied with the statutory requirements...

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