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MATTER OF ESTATE OF SWENSON

No. 128786; CA No. 16071.

617 P.2d 305 (1980)

48 Or.App. 497

In the matter of the Estate of Grace Swenson, Deceased. Jane Troyer, and Urinda Laura Lee Russell, Respondents, v. CORA PLACKETT, Personal Representative of the Estate of Grace Swenson, Appellant.

Court of Appeals of Oregon.

Decided September 29, 1980.

Attorney(s) appearing for the Case

Robert J. Riecke, Philomath, argued the cause and filed the briefs for appellant.

Robert D. Dayton, Portland, argued the cause for respondents. With him on the brief were Schwabe, Williamson, Wyatt, Moore & Roberts, and Ridgway K. Foley, Jr., Portland.

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

WARDEN, Judge.

This is a proceeding to contest the will of Grace Swenson brought by Jane Troyer and Urinda Laura Lee "Betty" Russell, daughters of the deceased. They contend that decedent lacked testamentary capacity and that the will was the product of undue influence exerted by the sole beneficiary, Cora Plackett.

The will was admitted to probate on March 20, 1978. Contestants filed objections to probate on July...

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