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COX v. HENDERSON

E84-1285; CA A41038.

751 P.2d 225 (1988)

90 Or.App. 6

Sue Allen COX, Personal Representative of the Estate of Ralph F. Sands, Respondent, v. Wayne HENDERSON, Ruth Carlson, Doris Howard, Judd Chapman, Thelma Chapman, Lizabeth Cox, Mona Guido, Kelly Guido, William E. Cox, and Sue Allen Cox, Individually, Defendants, and George Sands, Iver K. Sands and Mary Marie Tipton, Appellants.

Court of Appeals of Oregon.

Decided March 9, 1988.

Attorney(s) appearing for the Case

James C. Farrell, Roseburg, argued the cause for appellants. With him on the brief was James C. Farrell, P.C., Roseburg.

Jeffrey L. Pugh, Roseburg, argued the cause and filed the brief for respondent.

Before WARDEN, P.J., and JOSEPH, C.J., and VAN HOOMISSEN, J.

JOSEPH, Chief Judge.

In this declaratory judgment action, the trial court established a constructive trust in favor of plaintiff for the proceeds of a life insurance policy insuring the life of Ralph Sands, deceased, and also declared that two certificates of deposit are assets of Sands' estate. Defendants1 appeal and argue that the insurance proceeds and deposits belong to Iver Sands, the deceased's brother. We affirm as to the life insurance...

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