BIGSBY v. VOGEL

PR080078; A144263.

273 P.3d 284 (2012)

248 Or. App. 423

In the Matter of the Estate of Maxine Vogel. Kent BIGSBY, Karen J. Morrow and Anita K. Clift, Appellants, v. Robert VOGEL, Personal Representative of the Estate of Maxine Vogel, Respondent.

Court of Appeals of Oregon.

Decided February 29, 2012.


Attorney(s) appearing for the Case

George W. Kelly , Eugene, argued the cause and filed the briefs for appellants.

Patrick M. Gregg argued the cause for respondent. With him on the brief were Douglas E. Hojem and Corey, Byler, Rew, Lorenzen and Hojem, L.L.P.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.


DUNCAN, J.

This is an appeal from a judgment of final distribution arising out of a probate proceeding involving the estate of Maxine Vogel (the decedent). The probate court determined that certain assets retained by the estate were personal property and, consequently, ordered that they be distributed to respondent, the decedent's husband and the residual beneficiary under her will. Appellants, the decedent's three children, argue that, under the Uniform Principal...

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