Chapter 113

113.035

NOTES OF DECISIONS

The admission of a subsequently filed will to probate in “common form” prior to the consideration of questions of testamentary capacity and undue influence raised by a previously appointed personal representative was not error. Schrei v. Frye, 25 Or App 191, 548 P2d 1001 (1976)

113.055

NOTES OF DECISIONS

Will contests are still reviewed de novo despite 1979 amendment replacing reference to suit in equity with reference to action tried without jury. Sanders v. U.S. National Bank, 71 Or App 674, 694 P2d 548 (1984), Sup Ct review denied

Amendment inserting reference to action tried without jury did not convert formerly equitable suit into action at law requiring constitutional right to jury. Rantru v. Unger, 73 Or App 680, 700 P2d 272 (1985)

113.065

NOTES OF DECISIONS

For probate court to have subject matter jurisdiction over out-of-state decedent’s will executed in Oregon, there must be property in this state upon which probate may operate, and promissory note secured by trust deed was personal property having out-of-state situs, notwithstanding its physical presence in Oregon. West v. White, 92 Or App 401, 758 P2d 424 (1988), aff’d307 Or 296, 766 P2d 383 (1988)

113.075

NOTES OF DECISIONS

An action seeking to invalidate a portion of a will because of a restriction on charitable gifts is not governed by this section’s limitation period. Buresh v. First Nat. Bank, 10 Or App 463, 500 P2d 1063 (1972)

When will was offered for probate in solemn form and contestant was party to that proceeding, this section did not allow relitigation of issues which were determined in first proceeding. McGilvray v. Martin, 49 Or App 5, 618 P2d 1287 (1980)

Party may not avoid statutory four-month limitation for will contest by designating action as one on claim or for declaratory judgment based on purported invalidity of will. Martin v. Kenworthy, 92 Or App 697, 759 P2d 335 (1988)

113.085

ATTY. GEN. OPINIONS: Division of State Lands authority to dispose of money and property of intestate decedent without heirs, (1974) Vol 37, p 255

113.145

NOTES OF DECISIONS

Where personal representative fails to provide notice to all beneficiaries of pending estate proceeding, ORS 113.145 does not deprive court of authority to rule on validity of will. Eddy v. Eddy, 95 Or App 733, 770 P2d 969 (1989), Sup Ct review denied

LAW REVIEW CITATIONS: 26 WLR 277 (1990)

113.155

LAW REVIEW CITATIONS: 26 WLR 277 (1990)

113.165

LAW REVIEW CITATIONS: 26 WLR 275, 291 (1990)