SPEARS v. DIZICK

060910130; A137657.

234 P.3d 1037 (2010)

235 Or. App. 594

Wayne A. SPEARS and Dixie J. Spears Read, Plaintiffs-Appellants, v. Kelly Edward DIZICK, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 16, 2010.


Attorney(s) appearing for the Case

Erin K. Olson argued the cause and filed the brief for appellants.

Samuel C. Justice, Portland, argued the cause and filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.


WOLLHEIM, P.J.

This case arises out of two deeds purporting to convey interests in the same piece of real property. Specifically, in 1999, Billie Spears (grandmother) executed a deed purporting to convey to defendant (grandson) a remainder interest in her home and retain a life estate. Later, in 2000, grandmother executed another deed purporting to convey the same property jointly to herself and plaintiffs, who are her son and daughter (children). After grandmother...

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