DAY v. VITUS

16-88-00431; CA A50734.

792 P.2d 1240 (1990)

102 Or.App. 97

Harvey J. DAY, Appellant, v. Maurice B. VITUS, Jr., and C. James Vitus, Personal Representative of the Estate of Loretta F. Day, Respondents.

Court of Appeals of Oregon.

Decided June 6, 1990.

Reconsideration Denied July 25, 1990.


Attorney(s) appearing for the Case

Donald A. Bick, Eugene, argued the cause for appellant. With him on the briefs was Bick and Monte, P.C., Eugene.

K. Patrick Neill, Eugene, argued the cause for respondents. With him on the brief were William D. Brewer and Hershner, Hunter, Moulton, Andrews & Neill, Eugene.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


NEWMAN, Judge.

Plaintiff appeals a judgment that declared that a postmarital agreement barred him from electing against his deceased wife's will. ORS 114.115. Defendants are decedent's adult children by another marriage and are the principal beneficiaries under the will. On de novo review, we affirm.

Plaintiff and decedent had known each other since late 1969. They married in November, 1970, when plaintiff...

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