Matter of Estate of Davis

Petitioner sought appointment as personal representative to administer the intestate estate of her deceased husband, contending she is entitled to preference in appointment under ORS 113.085. The trial court held that her marriage to decedent was void, because decedent was still married to his first wife at the time he married petitioner, ORS 106.020, and, therefore, denied her petition. She appeals.

Petitioner and the decedent, Dale Davis, were first married in Reno, Nevada on January 27, 1974, and, except for one three-month period, they lived together as husband and wife until his death in…