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KIRKEBY v. COVENANT HOUSE

CA A96125; 2546.

970 P.2d 241 (1998)

157 Or. App. 309

In the Matter of the Estate of Margaret Edith Kirkeby, deceased. Glenn W. KIRKEBY, personal representative of the Estate of Margaret Edith Kirkeby, deceased, Respondent, and Glenn W. Kirkeby, personal representative of the Estate of Orrin G. Kirkeby, deceased, and Glenn W. Kirkeby, individually, Respondents-Cross-Appellants, and Mille Lacs Health System, Respondent-Cross-Respondent, v. COVENANT HOUSE, Donald E. Curtis and Gayle R. Lyman, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided November 25, 1998.

Attorney(s) appearing for the Case

Rees C. Johnson, Portland, argued the cause for appellants-cross-respondents. With him on the briefs were Dale D. Mammen, La Grande, and Shannon & Johnson.

George W. Kelly, Eugene, argued the cause and filed the brief for respondents-cross-appellants.

Douglas E. Hojem, Pendleton, argued the cause for respondent-cross-respondent. With him on the briefs was Corey, Byler, Rew, Lorenaen & Hojem.

No appearance for respondent Glenn W. Kirkeby, personal representative of the Estate of Margaret Edith Kirkeby, deceased.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

HASELTON, J.

This appeal and cross-appeal arise from an unusually convoluted probate dispute. The central issue on appeal is whether the trial court erred in determining that the testator's 1992 will was invalid because it was not acknowledged "in the presence" of witnesses. ORS 112.235(1)(c). The primary, albeit not exclusive, issue on cross-appeal is whether the court erred in determining that a statutory election, ORS 114.105, signed by the testator's husband but...

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