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McDONALD v. McDONALD

No. A8007-03773; CA A21034.

643 P.2d 1280 (1982)

57 Or.App. 6

Michelle McDonald, a Minor Child, by and through Her Guardian Ad Litem, Barbara Ann McDonald, and Diane L. McDonald, Marcia K. Elliott, and Barbara Ann McDonald, Appellants, v. Dianne F. McDonald, Respondent.

Court of Appeals of Oregon.

Decided April 20, 1982.

Reconsideration Denied June 10, 1982.

Attorney(s) appearing for the Case

Dana R. Taylor, Portland, argued the cause and filed the briefs for appellant.

Robert A. Bennett, Portland, argued the cause for respondent. With him on the brief was Willner, Bennett, Bobbitt & Hartman, Portland.

Before JOSEPH, C.J., and WARDEN and WARREN, JJ.

JOSEPH, Chief Judge.

Plaintiffs, the children of their deceased father's first marriage, seek to impose a constructive trust on life insurance proceeds held by defendant, father's second wife. They contend that father breached a property settlement agreement in which he had promised to maintain a life insurance policy for their benefit and that they are therefore entitled to the proceeds of a policy on which he had named...

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