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GILFRY v. GILFRY

248 Or. 358 (1967)

434 P.2d 348

GILFRY ET AL, Respondents, v. GILFRY, Appellant.

Supreme Court of Oregon.

Affirmed November 29, 1967.

Attorney(s) appearing for the Case

Jack B. Lively, Springfield, argued the cause for appellant. With him on the brief were A. Duane Pinkerton II and Sanders, Lively, Camarot & Wiswall, Springfield.

Thomas E. Brownhill, Eugene, argued the cause for respondents. On the brief were Robert D. Woods and Riddlesbarger, Pederson, Brownhill & Young, Eugene.

Before SLOAN, Presiding Justice, and GOODWIN and HOLMAN, Justices.

AFFIRMED.

GOODWIN, J.

The two children of John Gilfry, deceased, brought declaratory proceedings against his executrix, seeking thereby to impress a trust upon the proceeds of a land-sale contract. The trial court found that a trust existed and the executrix appeals.

The principal questions were questions of fact. In 1935 Gilfry, a widower, conveyed one of his farms to his two grown sons, reserving to himself a life

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