Wells v. Wells

The sole issue in this case is whether the trial court erred in refusing to set aside an order closing an estate, discharging the administratrix and exonerating her bond. The Court of Appeals affirmed the trial court (7 Or App 243, 490 P2d 213 (1971)). We granted a petition for review.

The petition to set aside that order alleges, in substance, that Bill A. Wells, during his lifetime filed a “certain suit” and then died while it was pending appeal in this court; that the court then substituted the administratrix of his estate as the appellant in that case and later remanded the case for…