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MATTER OF ESTATE OF UNGER

No. 129465; CA A20401.

636 P.2d 436 (1981)

54 Or.App. 713

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, Respondents, v. RICHARD G. MOSBY, Personal Representative, Appellant.

Court of Appeals of Oregon.

Decided November 16, 1981.

Attorney(s) appearing for the Case

Don V. Wallace, Portland, argued the cause and filed the briefs, for appellant.

James R. Cartwright, Portland, argued the cause and filed the brief, for respondents.

Before BUTTLER, P.J., and RICHARDSON and WARREN, JJ.

BUTTLER, Presiding Judge.

Appellant is the personal representative and sole beneficiary under a 1976 will of Lena L. Unger, deceased. He successfully defended that will in the circuit court against a claim by respondents that the decedent lacked testamentary capacity. On de novo review in this court, we reversed, concluding that the testatrix lacked testamentary capacity at the time the will was executed. Hurd v. Mosby, 47 Or.App. 951,

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