WEBB v. UNDERHILL

91-4954-C; CA A77449.

882 P.2d 127 (1994)

130 Or. App. 352

Agnes WEBB; Wayne Webb; Carol Webb; Delores Rhodig; Delbert Lee Webb; Etta Marie Webb; and Miles Lane Webb, Appellants, v. Lavelle UNDERHILL, Respondent, and Federal Land Bank of Spokane; and John Doe, Defendants.

Court of Appeals of Oregon.

Decided September 28, 1994.


Attorney(s) appearing for the Case

W. Theodore Guthrie, Portland, argued the cause and filed the briefs for appellants.

Jeffrey B. Wilkinson, Portland, argued the cause for respondent. With him on the brief was Stafford Frey Cooper & Stewart.

Before ROSSMAN, P.J., and EDMONDS and De MUNIZ, JJ.


ROSSMAN, Presiding Judge.

In this action to partition real property, ORS 105.205, plaintiffs appeal from a summary judgment for defendant. We hold that the determinative issue in the case, whether the alternative beneficiaries' remainder interests are contingent or vested, is a question of law that is amenable to resolution on summary judgment, and that the trial court correctly held that those interests are contingent. Accordingly, we affirm.

Ernest Webb...

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