MATTIZA v. FOSTER

87-01-21, 356-L; CA A46889.

762 P.2d 1067 (1988)

93 Or.App. 619

Virginia Dare MATTIZA, As Guardian/Conservator of the Estate of Virginia Dare Sandy, a Protected Person, Appellant, v. Dorothy Jean FOSTER, Respondent.

Court of Appeals of Oregon.

Decided October 26, 1988.


Attorney(s) appearing for the Case

Virginia Dare Mattiza, Austin, Tex., filed the briefs pro se for appellant.

H. Clifford Looney, Butler & Looney, P.C., Vale, filed the brief for respondent.

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


PER CURIAM.

This is an action to impose a constructive trust on a gift made by plaintiff's ward to defendant on the ground that defendant had procured the gift by the exercise of undue influence. The trial court found for defendant and awarded attorney fees pursuant to ORS 20.105.

On the merits we affirm. We deny respondent's motions for a penalty, ORS 19.160, and an attorney fee on appeal, ORS 20.105.

Affirmed; motions for penalty and attorney...

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