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WHARFF v. ROHRBACK

95C-13514; CA A96486.

952 P.2d 87 (1998)

152 Or. App. 68

In the Matter of the Estate of Marlisha Rohrback, Deceased. Timothy WHARFF and Julie Limbocker, Appellants, v. Marleeta ROHRBACK, Respondent.

Court of Appeals of Oregon.

Decided January 7, 1998.

Attorney(s) appearing for the Case

Les Swanson, Jr., Portland, argued the cause for appellant. With him on the briefs was Carl M. Swanson.

Greg Noble, Salem, argued the cause and filed the brief for respondent.

Before De MUNIZ, P.J., and HASELTON and LINDER, JJ.

De MUNIZ, Presiding Judge.

Appellants1 appeal an order of the probate court denying their motion to remove Marleeta Rohrback (respondent), mother of the decedent Marlisha Rohrback, as personal representative of the estate. We reverse.

The primary beneficiary of the estate is Sonja Rohrback, infant daughter of Marlisha. The only asset of the estate is the wrongful death claim being pursued by respondent arising out of the October...

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