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WILLIAMS v. OVERTON

137 096; CA A29193.

709 P.2d 1115 (1985)

76 Or.App. 424

In the matter of the Estate of Annie Mae Harris, Deceased. Richard Lee WILLIAMS, Appellant, v. Bettie Lou Hardy OVERTON, Executrix of the Estate of Annie Mae Harris, Deceased, Respondent.

Court of Appeals of Oregon.

Decided November 20, 1985.

Reconsideration Denied January 24, 1986.

Attorney(s) appearing for the Case

Ben C. Fetherston, Jr., Portland, argued the cause for appellant. With him on the brief were John J. Haugh and Haugh & Foote, P.C., Portland.

Rodney E. Lewis, Jr., Portland, argued the cause for respondent. With him on the briefs was Ragen, Roberts, O'Scannlain, Robertson & Neill, Portland.

Ferris F. Boothe, Portland, filed a brief amicus curiae for himself.

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

BUTTLER, Presiding Judge.

Contestant in this will contest appeals from a judgment of the probate court admitting testatrix's will of January 15, 1982, to probate in solemn form. He contends that the proponent failed to sustain her burden of proving that decedent had executed that document or, if she did, that she did so with intent to authenticate it as her last will and testament. He also contends that the will was the product of undue influence.

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