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ROGERS v. ROGERS

W81-265; CA A29816.

691 P.2d 114 (1984)

71 Or.App. 133

In the matter of the Estate of Wallace B. ROGERS, Sr., Deceased. Leonard Blakeslee Rogers and Wallace Blakeslee Rogers, Jr., Respondents-Cross-Appellants, v. Anita E. ROGERS and Alda E. Hartfiel, Personal Representative of the Estate of Thomas C. Hartfiel, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided November 21, 1984.

Reconsideration Denied January 11, 1985.

Review Denied February 12, 1985.

Attorney(s) appearing for the Case

Eldon F. Caley, Roseburg, argued the cause for appellants-cross-respondents. With him on the briefs was Neal Walker, Roseburg.

Randolph L. Garrison, Roseburg, argued the cause for respondents-cross-appellants. With him on the briefs was Garrison & Garrison, Roseburg.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

In this will contest, the trial court ruled that the will of Wallace Rogers, Sr. (decedent) could not be admitted to probate because it had not been attested as required by ORS 112.235(3). Anita E. Rogers, decedent's surviving spouse, and Alda E. Hartfiel,1 proponents of the will, appeal. Respondents, sons of decedent and contestants of the will, cross-appeal from the denial of attorney fees. We affirm.

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