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HOGUE v. OLYMPIC BANK

A1999; CA A33411.

708 P.2d 605 (1985)

76 Or.App. 17

In the matter of the Adoption of Nancy Mae Wilson Aka Nancy Mae Moulton Nka Nancy Mae Guttierrez. Gerald Wayne HOGUE, Sr., Personal Representative of the Estate of Lois M. Lee, and Nancy Mae Moulton Guttierrez, Respondents, v. OLYMPIC BANK, Personal Representative of the Estate of Paul Wagner, Appellant.

Court of Appeals of Oregon, En Banc.

Decided October 30, 1985.

Reconsideration Denied January 17, 1986.

Attorney(s) appearing for the Case

Mildred J. Carmack, Portland, argued the cause for appellant. With her on brief were Kevin F. Kerstiens, and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Dennis Jordan, Everett, Washington, argued the cause for respondents. With him on brief were Jordan, Brinster, Templeton & Ryan, P.S., Everett, Washington, and Emil R. Berg and Hallmark, Griffith & Keating, P.C., Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

This is a proceeding to vacate a 1939 decree of adoption. The lower court vacated the decree. We reverse and remand for reinstatement of the decree.

Nancy Mae Wilson (nka Nancy Mae Guttierrez) was born the illegitimate child of Lois Moulton (later known as Lois Lee) and Paul Wagner in 1935. The record of her birth falsely states that she was born to Mr. and Mrs. R.S. Wilson, Jr. The name Wilson was a pseudonym chosen by Lois's...

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