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IN THE MATTER OF LEACH

4830; CA A66181.

829 P.2d 1052 (1992)

112 Or. App. 650

In the Matter of the Estate of Douglas A. Leach, deceased. Delores A. WISMER and Ellen R. Morris, Respondents, v. UNITED STATES NATIONAL BANK OF OREGON, Personal Representative of the Estate of Douglas A. Leach, Respondent, Jessie Tibbet and Clark Embum, Alleged Beneficiaries, Appellants, Sharon June Pentecost, Respondent.

Court of Appeals of Oregon.

Decided April 22, 1992.

Attorney(s) appearing for the Case

Donald R. Moeller, Tillamook, argued the cause and filed the brief for appellants.

Francis E. Harrington, Portland, argued the cause and filed the brief for respondents Delores A. Wismer and Ellen R. Morris.

No appearance by respondents U.S. Nat. Bank of Oregon and Sharon June Pentecost.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

This is a proceeding to contest a will codicil. The trial court held that the codicil was a product of undue influence on testator by defendant Tibbett, a beneficiary of the codicil, and set it aside. We review de novo. ORS 19.125(3).

The burden of proving undue influence is on the contestants, Wismer and Morris. A confidential relationship between a testator and a beneficiary, when considered with other suspicious circumstances, may give...

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