In Re Buelow's Estate

It is the contention of the contestant Nickelsen that his ineligibility to serve as executor did not divest him of the office of trustee which he now claims. The executor Williams contends (1) that the question as to who is the trustee of the estate has already been decided by this court in the case ofBenson v. Williams, 174 Or. 404, 149 P.2d 549, and is nowres judicata; (2) that the appellant Nickelsen is not an interested party in the estate and consequently is not entitled to object to the final account; (3) that the appellant Nickelsen waived his right, if any, to the trusteeship; (4)…