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STEVENSON v. U.S. NATIONAL BANK

82-08-18,273; CA A29437.

695 P.2d 77 (1985)

72 Or.App. 39

Robert STEVENSON, W.G. Stevenson, and Glenna McNall, Appellants, v. United States NATIONAL BANK of Oregon, a National Banking Association, As Personal Representative of the Estate of David Earl Stevenson, Deceased, Defendant, and Alberta Mae Stevenson, Respondent.

Court of Appeals of Oregon.

Argued and Submitted October 26, 1984.

Decided February 6, 1985.

Reconsideration Denied April 5, 1985.

Attorney(s) appearing for the Case

Milo Pope and Roy Kilpatrick, Mount Vernon, argued the cause for appellants. With Milo Pope on the briefs was Kilpatricks & Pope, Mount Vernon.

J. Burdette Pratt, Nyssa, argued the cause for respondent. With him on the brief were Clarence H. Higer, Emmett, Idaho, and Stunz, Fonda, Pratt & Nichols, Nyssa.

Before BUTTLER, P.J., JOSEPH, J., and WARREN, J.

Submitted on Remand from the Oregon Supreme Court February 28, 1984.

BUTTLER, Presiding Judge.

Plaintiffs appeal the summary judgment in this declaratory judgment action which determined that decedent's surviving spouse is entitled to share in the estate.1 We affirm.

On August 29, 1979, decedent, David Earl Stevenson (David), and Alberta Hegwod (Alberta) executed a prenuptial agreement. At that time, David had assets of...

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