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GARDNER v. COX

8708-91670; CA A68965.

843 P.2d 469 (1992)

117 Or. App. 57

In the Matter of the Conservatorship/Guardianship of Philip N. Blackman, an Incapacitated and Protected person. Lucretia A. GARDNER, in her capacity as Successor Conservator for Philip N. Blackman, a protected person, and Sanford Blackman, Appellants-Cross-Respondents, v. Rodney T. COX, individually and in his capacity as former Conservator for Philip N. Blackman, a protected person, and Western Surety Company, a South Dakota corporation, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided December 9, 1992.

Attorney(s) appearing for the Case

James R. Cartwright, Portland, argued the cause and filed the briefs for appellants-cross-respondents.

Pamela J. Stendal, Portland, argued the cause for respondents-cross-appellants. With her on the briefs were William B. Crow and Miller, Nash, Wiener, Hager & Carlsen, Portland, for respondent-cross-appellant Rodney T. Cox. G. Kenneth Shiroishi and Carney, Allen, Higgins & Tongue, Portland, for respondent-cross-appellant Western Sur. Co., joined in the briefs.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

This appeal involves two proceedings that were consolidated for trial. In one, Gardner, as successor conservator of Philip Blackman, objected to the final account filed by Cox as convervator of Philip. In the other, Sanford Blackman, a son of Philip, sought to surcharge Cox for alleged breach of his fiduciary duty in managing the conservatorship. Western Surety Company (Western), Cox's surety, was joined as a party to the second proceeding...

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