Binder v. Oregon Bank

Plaintiff brought this libel action contending she was defamed by an allegedly libelous statement in the will of the decedent, for whom defendant is personal representative.

The trial court sustained a demurrer to the complaint upon the ground that the publication was absolutely privileged. Plaintiff appeals. We affirm.

The complaint alleges the will was published when defendant filed it for probate. The alleged libelous allegation was:

"I declare that I have no other living children than those named in Article III, and if an individual who I understand has used the name Corinne Kernan…