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MATTER OF ESTATE OF WHITE

No. 74-101; CA 11077 and SC 26456.

609 P.2d 365 (1980)

289 Or. 13

In the matter of the Estate of Donna Mae White, Deceased. Michael Wayne Hughes, Michelle Denise Hughes and Mitchell James Hughes, by and through Douglas G. Beckman, Guardian Ad Litem, Norman Nelson and Mabel Nelson, Petitioners, v. NOEL WHITE, Personal Representative, Respondent.

Supreme Court of Oregon.

Decided April 8, 1980.

Attorney(s) appearing for the Case

Ferris F. Boothe, of Black, Kendall, Tremaine, Boothe & Higgins, Portland, argued the cause and filed the briefs for petitioners.

Gerald R. Pullen, Portland, argued the cause and filed the brief for respondent.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT, LINDE and PETERSON, JJ.

DENECKE, Chief Judge.

The central issue in this case is the proper construction of ORS 30.070, which provides that the personal representative of a decedent "with the approval of the court of appointment," has full power to settle an action for the decedent's wrongful death.1

In this case the personal representative is the surviving spouse of the decedent. The parties agree that those entitled to share in the distribution of the...

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