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HOCKS v. HOCKS

A8601-00055, A8510-06129; CA A40357.

767 P.2d 1369 (1989)

95 Or.App. 40

Dan R. HOCKS, Respondent — Cross-Appellant, v. Ruth C. HOCKS, Individually and As Personal Representative of the Estate of Robert W. Hocks, Deceased, Appellant — Cross-Respondent. Ruth C. Hocks, Personal Representative of the Estate of Robert W. Hocks, Deceased, and Ruth C. Hocks, Individually, Plaintiffs — Cross-Respondents, v. Dan R. Hocks, Defendant — Cross-Appellant, and Rose Marie Dacqual, Defendant.

Court of Appeals of Oregon.

Decided January 25, 1989.

Attorney(s) appearing for the Case

James M. Callahan, Portland, argued the cause for appellant — cross-respondent Ruth C. Hocks. With him on the briefs was Bittner & Barker, P.C., Portland.

John H. Clough, Tualatin, argued the cause and filed the brief for respondent — cross-appellant.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiff brought this action, alleging, inter alia, fraud and breach of a contract to make a will against his mother (decedent's wife) as an individual and in her representative capacity as personal representative of plaintiff's father's estate.1 He prevailed on his action against the estate for fraud. Defendant appeals, and we affirm.

We state the facts in the light most favorable to plaintiff...

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