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STAIRS v. PRICE

247 Or. 190 (1967)

428 P.2d 182

STAIRS, Respondent, v. PRICE, Defendant, and STATE LAND BOARD, Appellant.

Supreme Court of Oregon.

Reargued May 4, 1967.

Reversed May 24, 1967.

Attorney(s) appearing for the Case

Wayne M. Thompson, Assistant Attorney General, Salem, argued and reargued the cause for appellant. With him on the briefs was Robert Y. Thornton, Attorney General, Salem.

Harold A. Fabre, Pendleton, argued and reargued the cause for respondent. With him on the brief were Fabre & Collins and Leeroy O. Ohlers, Pendleton.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and FORT, Justices.

REVERSED.

DENECKE, J.

The law of escheat is the subject of this appeal.

The plaintiff alleged in his complaint that a constructive trust should be imposed upon the real and personal property of the decedent and that he should be declared beneficiary. The property has escheated to the state and has been transferred. In another count he alleges an oral promise by the same decedent to make a will leaving all of...

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