LINCOLN v. KOLSKI

No. 28331; CA A22211.

651 P.2d 197 (1982)

59 Or.App. 547

John Thomas LINCOLN, Personal Representative of the Estate of Meryl E. Johnson, Deceased, Respondent, v. Marjorie H. KOLSKI, Appellant.

Court of Appeals of Oregon.

Decided September 29, 1982.

Reconsideration Denied November 19, 1982.


Attorney(s) appearing for the Case

Sarah K. Rinehart, Salem, argued the cause for appellant. On the brief were David A. Rhoten, and Rhoten, Rhoten & Speerstra, Salem.

Mark Irick, Dallas, argued the cause for respondent. With him on the brief was Hayter, Shetterly & Irick, Dallas.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Defendant appeals from a judgment for plaintiff for defendant's conversion of "joint" account funds before the death of plaintiff's decedent. Defendant assigns error to the trial court's (1) applying ORS 708.661 retroactively to determine rights to the account; (2) granting plaintiff's motion to exclude as irrelevant under ORS 708.661 the matters set forth in defendant's "Stipulated Facts" document; and (3...

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