EDDY v. EDDY

P86-11-47; 86-11-243; CA A45694.

770 P.2d 969 (1989)

95 Or.App. 733

In re the Estate of Suzanne M. EDDY, Deceased. Suzanne M. Eddy, Respondent, v. Rodger EDDY, Personally and in His Capacity As Trustee of the Weisenborn-Eddy Trust, and Rodger Eddy in His Capacity As Personal Representative of the Estate of Suzanne M. Eddy, Deceased. Appellants (Two Cases).

Court of Appeals of Oregon.

Decided March 22, 1989.

Reconsideration Denied May 5, 1989.


Attorney(s) appearing for the Case

Roger Jay Sharp, Vancouver, Washington, argued the cause for appellants. On the briefs were William E. Hurley, Portland, and Michael C. Simon and Blair, Schaefer, Hutchison, Wynne, Potter & Horton, Vancouver, Wash.

James R. Cartwright, Portland, argued the cause and filed the brief for respondent.

Before WARDEN, P.J. Pro Tem., and GRABER and RIGGS, JJ.


WARDEN, Presiding Judge Pro Tem.

Defendant appeals a judgment declaring void a 1985 will, a warranty deed and an inter vivos trust. The will and trust documents were executed by the decedent in January, 1985, following the death of her husband. Under those documents, plaintiff, granddaughter of the decedent, was to receive $25,000, her cousins, defendant's four children, were to receive $20,000 each, and defendant was to receive the residuary estate in trust...

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