ALBRIGHT v. MEDOFF

No. A7902-00826; CA 19189.

634 P.2d 479 (1981)

54 Or.App. 143

Louis A. ALBRIGHT, Personal Representative of the Estate of Edward F. Albright, Deceased, Respondent-Cross-Appellant, v. Kermit G. MEDOFF and Elaine Medoff, Husband and Wife, and Hal E. Eltzroth and Carla M. Eltzroth, Husband and Wife, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided October 5, 1981.


Attorney(s) appearing for the Case

Warde H. Erwin, Portland, argued the cause for appellants-cross-respondents. With him on the briefs was Wm. W. McGeorge, Portland.

Paul H. Gunderson, Beaverton, argued the cause and filed the brief for respondent-cross-appellant.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


VAN HOOMISSEN, Judge.

The estate of Edward Albright brought this suit to set aside a transfer of real property, alleging that the decedent was mentally incompetent at the time of transfer and that the transfer was obtained by undue influence. The trial court set aside the transfer. Defendants appeal, and plaintiff cross-appeals. We review de novo and affirm in part, reverse in part, and remand for further proceedings.

The issues are: (1) whether the...

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