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SIMMONS v. SIMMONS

8503-90546; CA A36906.

728 P.2d 921 (1986)

82 Or.App. 540

In the matter of the Estate of Donald Harry SIMMONS, Deceased. Deborah E. Simmons, Appellant, v. Harry A. SIMMONS, Personal Representative of the Estate of Donald Harry Simmons, Deceased, and David Donald Simmons, Beneficiary, Respondents.

Court of Appeals of Oregon.

Decided November 19, 1986.

Attorney(s) appearing for the Case

Ferris F. Boothe, Portland, argued the cause and filed the briefs for appellant.

Robert B. Smith, Portland, argued the cause for respondents. With him on the brief were Smith & Davis, and Gregory G. Moore, Portland.

Before JOSEPH, C.J., and RICHARDSON and DEITS, JJ.

DEITS, Judge.

Appellant appeals from a judgment denying her claim to an elective share of her deceased husband's estate, ORS 114.105, and her petition for support during administration of the estate. ORS 114.025. We affirm.

Four days before her marriage in October, 1981, appellant signed a pre-nuptial agreement which stated, in pertinent part:

"NOW THEREFORE, it is mutually agreed by the parties that all of their interests in any separate property...

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