VAN MARTER v. VAN MARTER

91-10-91804; CA A77809.

882 P.2d 134 (1994)

130 Or. App. 500

In the Matter of the Estate of La Verne Van Marter, Jr., Deceased. La Verne VAN MARTER, III, Marie Lane and Paul Van Marter, Appellants, v. Julie VAN MARTER, Individually, and as Personal Representative of the Estate of La Verne Van Marter, Jr., Respondent.

Court of Appeals of Oregon.

Decided October 5, 1994.


Attorney(s) appearing for the Case

Ferris F. Boothe, Portland, argued the cause and filed the briefs for appellants.

Michael D. Levelle, Portland, argued the cause for respondent. With him on the brief was Bennett & Hartman.

Before DEITS, P.J., and LEESON and HASELTON, JJ.


HASELTON, Judge.

Appellants, the three adult children of La Verne Van Marter (testator), brought this proceeding to set aside the probate of testator's will, on the ground that the will was executed under the undue influence of respondent. Respondent is testator's second wife and the personal representative of his estate. The trial court granted respondent's motion for summary judgment. We reverse and remand.

Testator...

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