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McINTIRE v. LANG

P0801041; A141918.

254 P.3d 745 (2011)

241 Or. App. 518

In the Matter of the Estate of Heather Carol McIntire, Deceased. Frederick McINTIRE and Jacob Rivers, by and through his guardian Ad Litem, Mark Rivers, Appellants, v. Jason LANG, individually; and D. Ben Henzel, in his capacity as Personal Representative of the Estate of Heather Carol McIntire, Respondents.

Court of Appeals of Oregon.

Decided March 16, 2011.

Attorney(s) appearing for the Case

Heidi K. Brown , Portland, argued the cause for appellants. With her on the briefs were Bennett, Hartman, Morris & Kaplan, LLP, and Michael J. Morris .

Brooks Cooper argued the cause and filed the brief for respondent Jason Lang.

No appearance for respondent D. Ben Henzel.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Petitioners appeal from a judgment of the probate court declaring that respondent's claim against the estate of Heather McIntire is valid, imposing a constructive trust over the estate's assets for the purpose of securing payment of the claim, and authorizing the personal representative of the estate to partially pay the claim. Petitioners, who are two of McIntire's heirs, argue on appeal that respondent's claim is not valid and that the court thus erred...

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