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IN RE ESTATE OF TOLES

0004-90631; A115316.

71 P.3d 584 (2003)

188 Or. App. 456

In the Matter of the Estate of Willie James TOLES, Deceased. Linda G. Smith, Personal Representative of the Estate of Willie James Toles, Deceased, Respondent, v. Terry Caldwell, Fred Caldwell, and Balenton Larry, Appellants.

Court of Appeals of Oregon.

Decided July 2, 2003.

Attorney(s) appearing for the Case

Richard E. Fowlks, Portland, argued the cause for appellants. With him on the brief was Fowlks & Snyder, LLP.

Peggy Hennessy, Portland, argued the cause for respondent. With her on the brief was Reeves, Kahn & Hennessy.

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

KISTLER, J.

In this probate proceeding, appellants seek review of the trial court's order determining that they are not the decedent's heirs. We dismiss their appeal for lack of jurisdiction.

Appellants assert that they are the children of Willie Toles, who died intestate on February 4, 2000. Appellants' mother was not married to Toles, and the personal representative concluded that appellants had failed to establish paternity pursuant to ORS 112.105(2).

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