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HARRINGTON v. THOMAS

Nos. 66-107, 67-64-G, 69-29-G; CA A24430.

663 P.2d 1298 (1983)

63 Or.App. 292

In the Matter of the Estate OF Delwin LaVerne HARRINGTON, Deceased. In the matter of the Conservatorship of Wilbur HARRINGTON, Incompetent. Richard W. HARRINGTON, Respondent, v. John Robert THOMAS, Appellant.

Court of Appeals of Oregon.

Decided May 25, 1983.

Reconsideration Denied July 22, 1983.

Attorney(s) appearing for the Case

Donald F. Myrick, Grants Pass, argued the cause for appellant. With him on the briefs were Donald H. Coulter, and Myrick, Coulter, Seagraves, Myrick & Adams, Grants Pass.

Janet A. Metcalf, Portland, argued the cause for respondent. With her on the brief were English & Metcalf, and Theodore D. Lachman, Portland.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Appellant, conservator for Wilbur Harrington and attorney for the personal representative of Delwin Harrington's estate, appeals an order entitled "Order for Payment of Money to Conservatorship." The order required him to refund $100,000 he paid himself as attorney fees to the conservator's estate. Respondent, an heir of Wilbur Harrington, moved to dismiss the appeal, contending that under ORS 19.010 the order is not appealable.

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