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MATTER OF ESTATE OF VAUGHN

No. 76-212; CA 10597.

588 P.2d 1295 (1979)

38 Or.App. 29

In the matter of the Estate of Marvin Everett Vaughn, Deceased. Robert H. Anderson, Personal Representative, and Homemakers Finance and Real Estate Loans, Respondents, v. DEPARTMENT OF JUSTICE, Support Enforcement Division, Appellant.

Court of Appeals of Oregon.

Decided January 15, 1979.

Attorney(s) appearing for the Case

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

F. William Honsowetz, Eugene, argued the cause for respondent Homemaker's Finance and Real Estate Loans. With him on the brief was Gardner, Honsowetz & Johnson, Eugene.

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

RICHARDSON, Judge.

This case involves the validity and priority of assignments of the proceeds from the estate of Marvin Vaughn. The dispositive issue is the validity of a purported assignment made by Thomas Vaughn, an heir of the estate, to the Department of Human Resources (state). The case was tried on stipulated facts contained in an affidavit of the personal representative of the estate, an order of the Circuit Court of Coos County and a written assignment from...

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