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HARRINGTON v. HARRINGTON

448 P.2d 364 (1968)

Elva A. HARRINGTON, Respondent, v. Ernest HARRINGTON, Jr., and Darlynn Harrington, Appellants.

Supreme Court of Oregon, Department 1.

Decided December 11, 1968.

Attorney(s) appearing for the Case

Lewis Hoffman, Eugene, argued the cause for appellants. On the briefs were Sidney J. Nicholson, Florence, and Bailey, Hoffman & Morris, Eugene.

Karl W. Freerksen, Jr., and Harold A. Lewis, Beaverton, argued the cause for respondent. With them on the brief were Myatt, Bolliger & Lewis, Beaverton.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE and MENGLER, JJ.

DENECKE, Justice.

The plaintiff mother brought this suit against the defendants, her son and daughter-in-law, to establish a constructive trust upon real and personal property transferred by her to them. The trial court found for the plaintiff.

We announced the applicable rule of law in Hanscom v. Irwin, 186 Or. 541, 565, 208 P.2d 330 (1949), by adopting § 44, 1 Restatement, Trusts1:

"(1) Where the owner of an interest...

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