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MATTER OF ESTATE OF BIRCH

No. 124-240; CA A20402.

634 P.2d 284 (1981)

54 Or.App. 151

In the matter of the Conservatorship of the Estate of Byron Glade Birch, a Protected Person. Emory J. Crofoot, Conservator, Appellant, v. OREGON STATE BAR, Clarene E. Birch, Rainier Properties, and Kenneth Schumann, Respondents.

Court of Appeals of Oregon.

Decided October 5, 1981.

Attorney(s) appearing for the Case

Morton A. Winkel, Portland, argued the cause and filed the briefs for appellant.

William T. Cromwell, Portland, argued the cause for respondent Oregon State Bar. With him on the brief was Cramer & Cromwell, Portland.

Grant E. Tanner, Portland, Atty. for respondent Rainier Properties, concurred in the brief of respondent Oregon State Bar.

Richard A. Uffelman, Portland, waived appearance for respondent Kenneth Schumann.

No appearance for respondent Clarene E. Birch.

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

VAN HOOMISSEN, Judge.

The sole issue in this case is who has priority on the limited assets of the conservatorship estate. The conservator maintains the protected person and his dependents have priority pursuant to ORS 126.377. Respondents, judgment creditors of the conservatorship estate, maintain they have priority pursuant to ORS 18.350.1 The probate court agreed with respondents, and the conservator...

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