KENT v. BRUNE

No. A8601-00570; CA A48711.

776 P.2d 882 (1989)

97 Or.App. 691

Janette KENT, Respondent, v. Carolyn C. BRUNE, Personal Representative of the Estate of Donald E. Kettleberg, Deceased, Appellant.

Court of Appeals of Oregon.

Decided July 26, 1989.


Attorney(s) appearing for the Case

James Waggoner, Portland, argued the cause for appellant. With him on the briefs were Michael J. Gentry, Waggoner, Farleigh, Wada, Bogrand & Georgeff, and Tooze Marshall Shenker Holloway & Duden, Portland.

Garry P. McMurry, Portland, argued the cause and filed the brief for respondent.

Before GRABER, P.J., and DEITS and EDMONDS, JJ.


PER CURIAM.

In this action to enforce an oral contract to make a will, the trial court found for plaintiff and imposed a constructive trust in her favor on the assets of the decedent's estate. The personal representative appeals. We affirm.

An oral contract to make a will is unenforceable, unless it was made before January 1, 1974. ORS 112.270. The issues on appeal are whether the evidence is clear and convincing that there was a contract and that it was entered...

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