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MARTIN v. KENWORTHY

85-0973; CA A43624.

759 P.2d 335 (1988)

92 Or.App. 697

Pamela Ann MARTIN; Diane M. Millican; Deborah J. Kenworthy, and Christine Kenworthy, v. Anita E. KENWORTHY, Personal Representative of the Estate of Jack J. Kenworthy, Deceased; Anita E. Kenworthy, Personally, Brian Hayword and Melinda Hayword,

Court of Appeals of Oregon.

Decided August 24, 1988.

Attorney(s) appearing for the Case

L.E. Ashcroft, Salem, argued the cause for appellants. With him on the briefs was Rhoten, Rhoten, Speerstra, Rinehart & Ashcroft, Salem.

Thomas C. Tankersley, McMinnville, argued the cause and filed the brief for respondent Anita E. Kenworthy.

No appearance for respondents Brian Hayword and Melinda Hayword.

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

PER CURIAM.

Plaintiffs are children of the decedent. Anita E. Kenworthy (defendant) is the decedent's surviving spouse and the personal representative of the decedent's estate. The Haywords are other children of the decedent. Plaintiffs and the Haywords were expressly disinherited in the decedent's will, under which defendant is the sole beneficiary. The complaint purports to combine an action on a rejected claim against the estate and an action for a declaratory...

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