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MATTER OF ESTATE OF SMITH

No. 6462; CA 14593.

606 P.2d 1156 (1980)

44 Or.App. 577

In the matter of the Estate of R. Gene Smith, Deceased. Tonya Lynn Smith, Appellant, v. NANCY LYNN SMITH BENNETT, Christopher Eugene Smith, Jeffrey Andrew Smith and Lorrie Ann Smith, Respondents.

Court of Appeals of Oregon.

Decided February 19, 1980.

Attorney(s) appearing for the Case

Robert A. Boyer, Medford, filed the briefs for appellant.

Gene L. Brown and Brown, Hughes, Bird & Lane, Grants Pass, filed the brief for respondents.

Before BUTTLER, P.J., GILLETTE and ROBERTS, JJ., and TONGUE, J. Pro Tem.

BUTTLER, Presiding Judge.

Tonya Lynn Smith appeals from an adverse order of the circuit court interpreting the provisions of the will of R. Gene Smith, deceased, as they relate to a trust established in that will for her benefit.

This proceeding was originated by the personal representative of the decedent's estate seeking instructions from the circuit court pursuant to ORS 114.2751 as to the interpretation of the following provisions...

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