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WALKER v. ROBERDS

P97-10-22; A105599.

47 P.3d 911 (2002)

182 Or. App. 121

In the Matter of the Estate of Luella May Sommers, Deceased. George P. WALKER, Appellant, v. Robbie ROBERDS, Personal Representative of the Estate of Luella May Sommers, Deceased, and Theodore R. Sommers, Respondents.

Court of Appeals of Oregon.

Decided June 5, 2002.

Attorney(s) appearing for the Case

Kristin Winnie Eaton, Millington, TN, argued the cause for appellant. With her on the briefs were A. Gregory McKenzie and A. Gregory McKenzie & Associates, West Linn.

Gerald A. Martin, Bend, argued the cause for respondents. With him on the brief was Francis & Martin.

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

ARMSTRONG, J.

The decedent, Luella Sommers, died in September 1997, leaving three sons and two disputed wills. Respondent Robbie Roberds filed a petition for the probate of a will executed by Luella in March 1996. The court accepted the will for probate and appointed Roberds as personal representative. The March 1996 will left Luella's entire estate, with the exception of $500, to Theodore Sommers (Sommers), Luella's son by her

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