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McCLAIN v. HARDY

9911-92126; A116795

56 P.3d 501 (2002)

184 Or.App. 448

In the Matter of the Estate of Mary Alberta Bartels, Deceased. J. Gary McCLAIN, Personal Representative of the Estate of Mary Alberta Bartels, Deceased, Appellant, v. Daniel L. HARDY, Respondent.

Court of Appeals of Oregon.

Decided October 23, 2002.

Attorney(s) appearing for the Case

J. Gary McClain argued the cause and filed the brief pro se.

William T. Powers argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

LANDAU, P.J.

In this probate case, the personal representative of decedent's estate appeals an order that distributes decedent's net estate to Daniel Hardy, decedent's brother. The personal representative argues that, because the will contains no provision for the disposition of the net estate, pursuant to ORS 112.015, the net estate must pass to decedent's only child, Deborah Smith, in accordance with the law of intestate...

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