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BIGEJ v. BOYER

P4748; CA A61616.

817 P.2d 760 (1991)

108 Or.App. 663

In the matter of the Estate of Hilda J. Olsen, Deceased. Albert L. BIGEJ, Proponent-Appellant, v. Keith BOYER, Jo Ann Kloos, and Deborah French, Contestants-Respondents.

Court of Appeals of Oregon.

Decided September 11, 1991.

Reconsideration Denied November 27, 1991.

Attorney(s) appearing for the Case

Douglas E. Kaufman, Tillamook, argued the cause and filed the briefs for proponent-appellant.

Kris J. Gorsuch, Salem, argued the cause for contestants-respondents. With him on the brief was Harland, Ritter, Saalfeld, Griggs, Gorsuch & Alexander, Salem.

Before BUTTLER, P.J., and RICHARDSON and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Proponent in this will contest appeals from a judgment setting aside Hilda Olsen's will of May 28, 1987, and declaring that her January 13, 1986, will and the codicil thereto is her last will and testament.1 He assigns as error the trial court's determinations that Hilda lacked testamentary capacity and was laboring under the undue influence of proponent, her husband...

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