Hurd v. Mosby

Appellant is the personal representative and sole beneficiary under a 1976 will of Lena L. Unger, deceased. He successfully defended that will in the circuit court against a claim by respondents that the decedent lacked testamentary capacity. On de novo review in this court, we reversed, concluding that the testatrix lacked testamentary capacity at the time the will was executed. Hurd v. Mosby, 47 Or App 951, 615 P2d 1115 (1980).

On remand, appellant petitioned the probate court for payment from the estate of attorney fees and costs he incurred in the contest at the trial level. Respondents…