Kirkeby v. Covenant House

This appeal and cross-appeal arise from an unusually convoluted probate dispute. The central issue on appeal is whether the trial court erred in determining that the testator’s 1992 will was invalid because it was not acknowledged “in the presence” of witnesses. ORS 112.235(l)(c). The primary, albeit not exclusive, issue on cross-appeal is whether the court erred in determining that a statutory election, ORS 114.105, signed by the testator’s husband but not filed until after the husband had himself died, was ineffective. We conclude that the trial court correctly resolved those and other…