ROLEY v. SAMMONS

01C19332; A13035.

170 P.3d 1067 (2007)

215 Or. App. 401

In the Matter of the Estate of Elvada E. Roley, Deceased. Kenneth L. ROLEY, former personal representative of the Estate of Elvada E. Roley, Deceased, Appellant, v. Christopher P. SAMMONS, Respondent.

Court of Appeals of Oregon.

Decided October 10, 2007.


Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on the briefs was Swanson, Lathen, Alexander & McCann, PC.

Shelley Chrystal Mactyre argued the cause and filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and LANDAU and SERCOMBE, Judges.


SERCOMBE, J.

Plaintiff, Kenneth L. Roley, appeals a declaratory judgment of the probate court that construes his mother's will. He assigns error to the probate court's interpretation of the will to require a division of the estate between plaintiff and his nephew, defendant Christopher P. Sammons. Plaintiff also assigns error to the probate court's order removing him as the personal representative of the estate on the ground of conflict of interest. We affirm the...

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