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RANTRU v. UNGER

137725; CA A31246.

700 P.2d 272 (1985)

73 Or.App. 680

In the matter of the Estate of Betty Lee Dobbin, Deceased. Robert E. RANTRU, Appellant-Cross-Respondent, v. Grace E. UNGER, As Personal Representative of the Estate of Betty Lee Dobbin, Deceased, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided May 22, 1985.

Attorney(s) appearing for the Case

Ferris E. Boothe, Portland, argued the cause and filed the briefs for appellant-cross-respondent.

Emerson G. Fisher, Portland, argued the cause for respondent-cross-appellant. With him on the brief was Garry L. Kahn, Portland.

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

GILLETTE, Presiding Judge.

This is a will contest. Before trial, appellant (contestant) timely moved for a jury trial, which the trial court denied. From a subsequent judgment order overruling his objections and admitting the will to probate in solemn form, the contestant appeals. His sole assignment of error is that the trial court erred in denying him a jury trial. We affirm.

Contestant bases his claim of right to a jury trial on a 1979 legislative change...

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