ESTATE OF KING

Nos. 2031-A; CA 10419, E-6060; CA 10418.

592 P.2d 231 (1979)

39 Or.App. 239

In the matter of the ESTATE OF Virgil L. KING, Deceased (two cases). Eugene F. King, Appellant, Cross-Respondent, v. Leonard J. DAVIDSON, Personal Representative of the Estate of Virgil L. King, Deceased, and Reece Christian Church of Reece, Kansas, a corporation, Respondents, Gwendolyn Minta King and Unity School of Christianity of Tacoma, Washington, a corporation, Respondents, Cross-Appellants (two cases).

Court of Appeals of Oregon.

Decided March 19, 1979.


Attorney(s) appearing for the Case

David C. Silven, Baker, argued the cause for appellant, cross-respondent. With him on the briefs was Banta, Silven & Young, Baker.

J. David Coughlin, Baker, waived appearance for respondent Leonard J. Davidson.

Carl W. Shewmaker, Eureka, Kan., waived appearance for respondent Reece Christian Church.

R.T. Gooding, P.C., La Grande, argued the cause and filed the briefs for respondent, cross-appellant Gwendolyn Minta King.

Ralph G. Monson, Baker, argued the cause and filed the briefs for respondent, cross-appellant Unity School of Christianity.

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.


THORNTON, Judge.

Plaintiff, who is testator's nephew and sole forthcoming heir, instituted a will contest and a suit for declaratory judgment, contending that testator's divorce revoked the will in issue in its entirety.

The trial court held that the will was revoked only as to testator's ex-wife, and that gifts over to two charities were valid. Plaintiff appealed and the ex-wife and one charity cross-appealed. We affirm.

The threshold issue in this...

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