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SHELDON v. SHELDON

(97P0060; CA A102979)

987 P.2d 1229 (1999)

163 Or. App. 256

In the Matter of the Estate of James Leonard Sheldon, Deceased. Diana L. SHELDON, Appellant, v. James Lee SHELDON, Personal Representative of the Estate of James Leonard Sheldon, Deceased, Respondent. Diana L. Sheldon, Appellant—Cross-Respondent, v. James L. Sheldon, Personal Representative of the Estate of James Leonard Sheldon, Deceased, Respondent—Cross-Appellant.

Court of Appeals of Oregon.

Decided October 13, 1999.

Attorney(s) appearing for the Case

William V. Deatherage, Medford, argued the cause for appellant. With him on the briefs was Frohnmayer, Deatherage, Pratt, Jamieson, Clarke & Moore, P. C.

David B. Paradis, Medford, argued the cause for respondent. With him on the brief were Thaddeus G. Pauck, and Brophy, Mills, Schmor, Gerking & Brophy, LLP.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

EDMONDS, P.J.

These appeals arise from a judgment granting declaratory relief on a claim under ORS 28.040 brought by the personal representative of decedent's estate and on a foreclosure claim made by decedent's widow, Diana Sheldon. ORS 115.155. The trial court consolidated the two cases and entered a declaratory judgment from which both parties appeal. ORS 28.070. We review for errors of law, and, because this declaratory judgment proceeding is in the nature of...

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