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MATTER OF ESTATE OF SUMMERS

No. 79-7 P; CA 15245.

618 P.2d 1287 (1980)

49 Or.App. 5

In the matter of the Estate of Ora Summers, Deceased. Everett James McGilvray, Carolyn Sue Mitchell, Also Known As Carolyn Sue Owens, Annie Laurie McGilvray, and James Clinton McGilvray, Appellants, v. LAURA M. MARTIN, Executrix and Personal Representative, and Laura Martin, Respondents.

Court of Appeals of Oregon.

Decided November 3, 1980.

Attorney(s) appearing for the Case

Steven P. Couch, Klamath Falls, argued the cause for appellants. With him on the brief was Richard C. Beesley, Klamath Falls.

Ronald L. Marceau, Bend, argued the cause for respondents. With him on the brief was Johnson, Marceau, Karnopp & Petersen, Bend.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

JOSEPH, Presiding Judge.

Ora Summers died on January 15, 1979. His will was admitted to probate and letters of administration issued on January 25, 1979. On February 23, appellant Mitchell1 filed motions asking the custodian of the will to deliver it to court and to produce the attesting witnesses for examination. ORS 113.055(2). Before the date for hearing those motions, the personal representative gave notice of intent to move on that...

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