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CAROTHERS v. CAROTHERS

488 P.2d 1185 (1971)

Fern CAROTHERS, Trustee for the Use and Benefit of Roy John Carothers, Jr., Respondent, v. Margy Jean CAROTHERS, Executrix of the Estate of Roy John Carothers, Deceased, Appellant.

Supreme Court of Oregon.

Decided September 22, 1971.

Attorney(s) appearing for the Case

Victor C. Hefferin, Portland, argued the cause for appellant. On the brief were Rask & Hefferin, Portland.

Paul Haviland, Medford, argued the cause for respondent. With him on the brief were Haviland, deSchweinitz & Stark, and Richard A. Stark, Medford.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

TONGUE, Justice.

This is an action for damages for breach of a divorce property settlement agreement between plaintiff and defendant's decedent. That agreement was approved and made a part of a divorce decree and provided that decedent would "carry and maintain $20,000 insurance on his life," naming plaintiff as the beneficiary "as trustee for the use and benefit of [their] minor child." Although decedent purchased such insurance, he later surrendered the policies...

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