Vsetecka v. Novak

This appeal is from a decree of the circuit court setting aside the will of Frank Novak.

The decedent died December 24, 1968, at age 72. The will was made in the office and with the aid of a Stayton, Oregon, attorney on May 9, 1966. This attorney and his secretary, who attested the will, testified to little or no memory of the event.

The will left $5.00 each to five nieces, some the children of Frank’s sister, Carrie, who was still living at the time the will was made but not mentioned in it, and some the children of his brother, Joe. Joe had died one month before the will was made and in it…