CATCHING v. LASHWAY

31184; CA A37775.

735 P.2d 13 (1987)

84 Or.App. 602

Marion J. CATCHING and Lucille J. Zwiefelhofer, Appellants, v. Helen J. LASHWAY, Personal Representative of the Estate of Joyce N. McKay, Respondent.

Court of Appeals of Oregon.

Decided April 8, 1987.


Attorney(s) appearing for the Case

Emil R. Berg, Portland, argued the cause for appellants. With him on the briefs was Hallmark, Griffith & Keating, P.C., Portland.

Philip R. Bennett, Portland, argued the cause for respondent. On the brief were Robert L. McKee and Robert L. McKee & Associates, Portland.

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


BUTTLER, Presiding Judge.

Plaintiffs brought this action to enforce an alleged contract to make a will; they seek to impose a constructive trust on the assets of the estate of which defendant is the personal representative. Defendant's motion to dismiss for failure to allege ultimate facts sufficient to constitute a claim was granted. ORCP 21 A(8). Plaintiffs appeal from the ensuing judgment. We reverse.

Arthur and Joyce McKay were husband and wife. Plaintiffs...

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