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GILL v. HEWITT

244 Or. 242 (1966)

417 P.2d 399

GILL ET AL v. HEWITT ET AL

Supreme Court of Oregon.

Affirmed July 27, 1966.

Attorney(s) appearing for the Case

Glen R. Jack, Oregon City, and Graham Walker, Portland, argued the cause for appellants. With them on the briefs were Jack, Goodwin & Anicker, Oregon City.

E.L. Crawford, Salem, argued the cause for respondent The United States National Bank of Oregon. With him on the brief were Crawford, Garrett & Webb, Salem.

Kenneth A. Morrow, Eugene, argued the cause for respondent William Desmond Hewitt. With him on the brief were Venn, Mulder, Morrow & McCrea, Eugene.

Before McALLISTER, Chief Justice, and SLOAN, DENECKE, HOLMAN and LUSK, Justices.

AFFIRMED.

DENECKE, J.

The heirs of Oscar Olson brought a suit to impress a trust upon the assets of the estate of Marie Olson, the deceased wife of Oscar Olson. The sole question is whether the Olsons entered into an oral contract to make wills leaving their property to each other and if he or she be not surviving, to certain relatives, including the heirs of Oscar Olson. The trial court found that no such contract was made. Plaintiffs appeal.

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