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RYAN v. COLOMBO

A8202-00599; CA A32576.

712 P.2d 139 (1985)

Thomas Finnegan RYAN, Guardian Ad Litem for Thomas Martin, Appellant, v. Virgil COLOMBO, Personal Representative of the Estate of Svea Victoria Martin, Gertrude O. Olsson, Arne Gilbert Carlson, Borje Olsson, Per Arne Cardmaker and Lisbeth Kodderitz, Defendants, Harpel W. Keller, Trustee, Respondent.

Court of Appeals of Oregon.

Argued and Submitted February 8, 1985.

Attorney(s) appearing for the Case

Kenneth H. Evans, Jr., Portland, argued the cause and filed the briefs for appellant.

Joyce Ann Harpole, Portland, argued the cause for respondent. With her on the brief were Barnes H. Ellis and Stoel, Rives, Boley, Fraser & Wyse, Portland.

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

BUTTLER, Presiding Judge.

This action seeks to set aside a deed whereby Thomas Martin and his wife, Svea Martin, conveyed their joint interest in the family residence to the trustee1 of Svea's inter vivos trust. Prior to the conveyance, they had held the property as tenants by the entirety. ORS 108.090. Plaintiff contends that the deed should be set aside, because: (1) Thomas lacked the mental capacity

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