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IN RE: the ESTATE OF Lois Irene GOULD (2021)

Court of Appeals of Oregon.2021-02-10No. A167535

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Opinion

Respondent seeks reconsideration of our opinion in Warkentin v. Shirey, 308 Or. App. 1, 481 P.3d 444 (2020), in which we affirmed the probate courts removal of respondent as personal representative pursuant to ORS 113.195(4), and its substitution of petitioner to that position. In respondents petition for reconsideration, he requests that we modify the opinion pursuant to ORAP 6.25(1)(a) for a “claim of factual error in the decision.” Specifically, he requests that we remove the line “Respondent was the decedents neighbor” because that factual assertion “is not contained in the record.” 1

We agree with respondent that that fact is not supported by the record. Accordingly, we allow consideration and modify the opinion to delete the following sentence: “Respondent was the decedents neighbor.”

Reconsideration allowed; former opinion modified and adhered to as modified.

FOOTNOTES

1

.   Respondent also requests that we modify a typographical error on the cover page. That error has been corrected.

PER CURIAM