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WILLBANKS v. GOODWIN

82-9-385; CA A29651.

689 P.2d 1004 (1984)

70 Or.App. 425

Will Charles WILLBANKS, Respondent, v. James O. GOODWIN, Personal Representative of the Estate of Lillian C. Willbanks, Lavonne Mars, Ember Mars, Amber Mars and Angel Mars, Appellants.

Court of Appeals of Oregon.

Decided October 24, 1984.

Reconsideration Denied December 7, 1984.

Attorney(s) appearing for the Case

Ferris F. Boothe, Portland, argued the cause and submitted the briefs for appellants.

Stanley D. Gish and Stephen F. Crew, Portland, argued the cause for respondent. With Stephen F. Crew on the brief were O'Donnell, Sullivan & Ramis, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

WARDEN, Judge.

This is an action for specific performance of an oral contract allegedly made in connection with the execution of reciprocal wills by Charles Willbanks, Sr. and Lillian Willbanks and for imposition of a constructive trust on the net assets of the estate of Lillian Willbanks. The issues are whether plaintiff's complaint was time barred and whether the alleged contract had been established and should be specifically...

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