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HEILLER v. NELSON

50-92-03155; CA A78792.

872 P.2d 26 (1994)

127 Or. App. 189

In the Matter of the Estate of Lee August Heiller, Deceased. Michael W. HEILLER, Appellant, v. Timothy W. NELSON, Thomas S. Nelson, Kevin E. Heddinghaus, Sacred Heart General Hospital and Allen Goldman, Personal Representative of the Estate of Lee August Heiller, Deceased, Respondents.

Court of Appeals of Oregon.

Decided March 30, 1994.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellant.

James R. Strickland, Eugene, argued the cause for respondents Timothy W. Nelson, Thomas S. Nelson, Kevin E. Heddinghaus and Sacred Heart General Hospital. With him on the brief was Theodore L. Walker.

James W. Kemper, Eugene, argued the cause for respondent Allen Goldman. With him on the brief was Luvaas, Cobb, Richards & Fraser.

Before DEITS, P.J., RICHARDSON, C.J., and RIGGS, J.

RIGGS, Judge.

In this probate proceeding, petitioner appeals from an order requiring a pro rata distribution. We reverse and remand.

In 1978, petitioner obtained a judgment against the decedent, Lee Heiller, for $73,282, which became a lien on a house owned by the decedent. Petitioner renewed the judgment in 1988. In 1989, respondents obtained judgment liens against the same house. The decedent died intestate...

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