IN THE MATTER OF ESTATE OF FUSTON

PR 90-129A; CA A79788.

936 P.2d 365 (1997)

147 Or. App. 238

In the Matter of the Estate of Chester Fuston, Deceased. Nellie KING and Jack Paulsen, substituted for Laura Paulsen, deceased, Appellants, v. Mark FUSTON, Respondent.

Court of Appeals of Oregon.

Decided March 19, 1997.

Review Denied June 17, 1997.


Attorney(s) appearing for the Case

Harold A. Fabre, Pendleton, argued the cause and filed the briefs for appellants.

Brant M. Medonich, Bend, argued the cause and filed the brief for respondent.

Before WARREN, P.J., and LANDAU and ARMSTRONG, JJ.


PER CURIAM.

In this will contest, the issues are whether the decedent had testamentary capacity when he executed a will that left his entire estate to proponent and whether the will was the result of undue influence. The trial court upheld the will. We review de novo. ORS 19.125(3).

The legal principles involved are well established and do not require discussion. We have carefully reviewed the testimony and the exhibits, giving weight where appropriate...

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