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COOK v. WALSH

No. A7701 00241; CA 10847.

591 P.2d 1201 (1979)

39 Or.App. 357

Betty Jane COOK, Respondent, v. Heston WALSH and Mary Walsh, Co-Personal Representatives of the Estate of Harold Wurtz, Deceased, Heston Walsh, Mary Walsh and Fred Wurtz, Appellants.

Court of Appeals of Oregon.

Decided March 19, 1979.

Attorney(s) appearing for the Case

Richard L. King, Portland, argued the cause and filed the brief for appellants.

John F. Cramer, Jr., Portland, argued the cause for respondent. With him on the brief was Cramer & Cromwell, Portland.

Before SCHWAB, C.J., RICHARDSON and JOSEPH, JJ., and TONGUE, J. Pro Tem.

JOSEPH, Judge.

This suit arises from the joint and mutual wills of decedents Bessie and Harold Wurtz, who were married, and the agreement on which those wills were based. Plaintiff is the niece of Bessie Wurtz. Defendant Heston Walsh is the nephew of Harold Wurtz, and defendant Mary Walsh is his wife. Defendant Fred Wurtz is Harold's brother.

In 1972, when Bessie was 78 years old and Harold was 69, they entered into an agreement to execute wills so that their...

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