FENTON v. FENTON

8604-90719; CA A47923.

780 P.2d 769 (1989)

98 Or.App. 655

Scott D. FENTON, As Administrator of the Estate of Howard Fenton, Deceased, Respondent, v. Eileen FENTON, Appellant.

Court of Appeals of Oregon.

Decided October 11, 1989.


Attorney(s) appearing for the Case

Brad Littlefield, Portland, argued the cause for appellant. With him on the briefs was Goldsmith, Siegel, Engel & Littlefield, Portland.

David J. Sweeney, Portland, argued the cause for respondent. With him on the brief was Michael R. Sandoval, Victoria Rudometkin and Gilbertson, Brownstein, Rask, Sweeney, Kerr & Grim, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


NEWMAN, Judge.

Defendant (wife) appeals a summary judgment for plaintiff in his action for a declaration respecting the distribution of proceeds of the sale of real property. The effect of the judgment is to require that wife reimburse plaintiff, the administrator of the estate of wife's deceased former husband, by an amount equal to one-half of the insurance proceeds that the mortgagee, as beneficiary of a mortgage life insurance policy, applied to discharge the...

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