SCHREINER v. BANTON

No. 36-382; CA 11190.

595 P.2d 510 (1979)

40 Or.App. 413

Gerald Lloyd SCHREINER, Respondent, v. Lyle W. BANTON, Personal Representative of the Estate of Myrtle Lavern Riley, Forrest Lamont Manwell, Margaret Afton Callas, James Michael Callas, Nick Callas, Vicki Lynn Callas, John W. Neilson, Caryl Mackay, Rosann Kim Booke Overton, Robert Henry Booke, Mrs. Boyd Whittle, Iletta B. White, Goldie B. Black, Neil A. Booke, Bernice B. Fox, Anna B. Robinson, Lorna B. Brown, D. Kay Clawson, Jo Ann (Smith) Andress, Jean Cleverly, Francis H. Gundry, William Robert Gundry, Lavonne Martin, Michael H. Smith, and Elaine White, Appellants.

Court of Appeals of Oregon.

Decided May 29, 1979.


Attorney(s) appearing for the Case

Robert L. Fulkerson, Portland, argued the cause for appellants. With him on the brief was Banton & Fulkerson, Portland.

Joe Bailey, Hillsboro, argued the cause for respondent. On the brief was Schwenn, Bradley & Batchelor, Hillsboro, and Gearin, Landis & Aebi, Portland.

Before SCHWAB, C.J., and THORNTON, LEE and GILLETTE, JJ.


LEE, Judge.

After denial of a claim which was filed against decedent's estate seeking compensation for approximately 23 years of services performed for decedent commencing in 1952, plaintiff filed a suit for specific performance of an oral contract to make a will. The court found for plaintiff and ordered specific performance.

Defendant contends that (1) there was no clear and convincing evidence to support the finding and (2) that plaintiff failed to produce...

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