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MATTER OF ESTATE OF BRUNE

No. 78-3-28P; CA 14284.

606 P.2d 647 (1980)

44 Or.App. 449

In the matter of the Estate of Evelyn Brune, Deceased. George C. Brune, Appellant, v. OREGON STATE BOARD OF HIGHER EDUCATION, Respondent.

Court of Appeals of Oregon.

Decided February 11, 1980.

Attorney(s) appearing for the Case

Constance Canfield Jarvis, Portland, argued the cause and filed the brief for appellant.

James M. Brown, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

BUTTLER, Presiding Judge.

Petitioner appeals from the order of the trial court admitting the will of Evelyn Brune to probate. We reverse.

Evelyn Brune died on March 1, 1978. Petitioner, the son of her half-brother, filed a petition for appointment as personal representative of her estate, alleging that Evelyn Brune died intestate and seeking to have her estate distributed to her legal heirs. Along with the petition, petitioner filed a will which he had found...

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