MATTER OF ESTATE OF UNGER

No. 129 465; CA 14840.

615 P.2d 1115 (1980)

47 Or.App. 951 In the matter of the Estate of Lena L. Unger, Deceased. Marjorie Hurd, Tina Mashino, Dale Mosby, George Mosby, Lou Mosby, Walter Kenneth Mosby and Irene Woodley, Appellants, v. RICHARD G. MOSBY, Personal Representative, Respondent.

Court of Appeals of Oregon.

Decided August 18, 1980.


Attorney(s) appearing for the Case

James R. Cartwright, Portland, argued the cause and filed the briefs for appellants.

Paul S. Hybertsen, Portland, argued the cause and filed the brief for respondent.

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


ROBERTS, Judge.

The issue on appeal in this will contest case is whether testatrix, Lena L. Unger, had sufficient testamentary capacity to execute a last will and testament on February 25, 1976. This was tried as a suit in equity and our review is de novo. Former ORS 115.055(4).1 The probate court found that testatrix had sufficient testamentary capacity. We disagree.

The requirements of testamentary capacity were summarized in...

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