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McNEELY v. HIATT

92CV105, 92PR019, 91PR048; CA A82252.

909 P.2d 191 (1996)

138 Or. App. 434

Theodore R. McNEELY, Robert J. Adams, Ronald W. Adams and Kristi Landucci, Respondents, v. Eva HIATT, in her capacities as Personal Representative of the Estate of Dollie E. Crockett, Deceased, and the Trustee of the Zahnie Crockett Revocable Living Trust, Appellant. In the Matter of the Trust of Zahnie J. Crockett, Deceased. Theodore R. McNEELY, Robert J. Adams, Ronald W. Adams and Kristi Landucci, Respondents, v. Eva HIATT, Trustee of the Trust of Zahnie J. Crockett, Deceased, Appellant. In the Matter of the Trust of Dollie E. Crockett, Deceased. Theodore R. McNEELY, Robert J. Adams, Ronald W. Adams and Kristi Landucci, Respondents, v. Eva HIATT, Personal Representative of the Estate of Dollie E. Crockett, Deceased, Appellant.

Court of Appeals of Oregon.

Decided January 3, 1996.

Attorney(s) appearing for the Case

Les Swanson, Jr., Portland, argued the cause and filed the briefs for appellant.

James N. Westwood, argued the cause for respondents. With him on the brief were John R. Bakkensen and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LANDAU, Judge.

Plaintiffs, the surviving grandchildren of Dollie and Zahnie Crockett, initiated this action to challenge the probate of the will of Dollie Crockett. Consolidated with this action is a separate proceeding in which plaintiffs sued Eva Hiatt, daughter of Dollie and Zahnie Crockett, in her capacity as personal representative of Dollie Crockett's estate and as trustee of Zahnie Crockett's revocable living trust. Plaintiffs alleged breach of fiduciary duty...

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