PEVEN v. HOLLADAY

50-88-09376; CA A63851.

820 P.2d 1 (1991)

109 Or.App. 336

In the matter of the Estate of Garrett David Wamiloh PEVEN-Holladay, Deceased. Barry David Peven, Personal Representative, Respondent, v. Sheila Lorraine HOLLADAY, Appellant.

Court of Appeals of Oregon.

Decided October 30, 1991.


Attorney(s) appearing for the Case

Thad M. Guyer, Medford, argued the cause and filed the briefs for appellant.

James L. Bumpas, Eugene, argued the cause for respondent. With him on the brief was Sahlstrom & Dugdale, Eugene.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.


JOSEPH, Chief Judge.

Appellant appeals after a probate court held that the money received by her for covenanting not to sue a hospital belongs to the estate of her deceased child. We reverse.

In November, 1985, appellant had the child out of wedlock. In March, 1988, a court adjudged respondent to be the father and awarded appellant custody and child support. When the child was 10 months old, he developed leukemia. Appellant, who was receiving public assistance...

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