McClain v. Hardy

In this probate case, the personal representative of decedent’s estate appeals an order that distributes decedent’s net estate to Daniel Hardy, decedent’s brother. The personal representative argues that, because the will contains no provision for the disposition of the net estate, pursuant to ORS 112.015, the net estate must pass to decedent’s only child, Deborah Smith, in accordance with the law of intestate succession. Hardy argues that ORS 112.015 does not apply in this case, because decedent clearly expressed an intention that Smith not receive the net estate. We agree with the personal…