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WOOD v. BETTIS

P92-10-19; CA A81243.

880 P.2d 961 (1994)

130 Or. App. 140

In the Matter of the Estate of Alfred Cooper, Deceased. Alberta WOOD, Terrill Van Buren and Janice Tipton, Appellants, v. Wade P. BETTIS, Personal Representative of the Estate of Alfred Cooper, Deceased, Respondent.

Court of Appeals of Oregon.

Decided September 7, 1994.

Attorney(s) appearing for the Case

Robert L. Engle, Woodburn, argued the cause for appellants. With him on the briefs was Engle & Schmidtman.

Ferris F. Boothe, Portland, argued the cause and filed the brief for respondent.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Appellants are Alberta Wood (Wood), the sister of the decedent, Alfred Cooper (Cooper), and her son and daughter.1 They filed a petition seeking to revoke the probate of Cooper's will and codicil, executed in 1986 and 1988, contending that Cooper revoked the will on September 6, 1991. The trial court held that Cooper lacked the testamentary capacity to revoke his will. On de...

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