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WILLBANKS v. GOODWIN

82-9-385; CA A29651; SC S31266.

709 P.2d 213 (1985)

300 Or. 181

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

Supreme Court of Oregon, In Banc.

Decided November 5, 1985.

Reconsideration Denied December 17, 1985.

Attorney(s) appearing for the Case

Ferris F. Boothe, Portland, argued the cause and filed briefs for petitioners on review.

Stephen F. Crew, Portland, argued the cause for respondent on review. With him on briefs was O'Donnell, Ramis, Elliott & Crew, Portland.

Paul Gerhardt, Portland, filed a brief amicus curiae for Oregon Land Title Assn.

LENT, Justice.

We allowed review to decide whether an action for specific performance of an alleged contract to make a will and seeking to impose a constructive trust on the assets of a decedent's estate is a "claim," which would be barred by ORS 115.005(3)1 if not presented to the personal representative within 12 months after the first publication of notice to interested persons. The trial court...

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