Brune v. Oregon State Board of Higher Education

Petitioner appeals from the order of the trial court admitting the will of Evelyn Bruñe to probate. We reverse.

Evelyn Bruñe died on March 1, 1978. Petitioner, the son of her half-brother, filed a petition for appointment as personal representative of her estate, alleging that Evelyn Bruñe died intestate and seeking to have her estate distributed to her legal heirs. Along with the petition, petitioner filed a will which he had found among decedent’s personal effects, alleging that it appeared to have been cancelled. He did not seek probate of the will because he believed it had been revoked.…