LEDFORD v. YONKERS


562 P.2d 970 (1977)

278 Or. 37

Lola LEDFORD, Personal Representative of the Estate of Mariel B. Marsh, Appellant, v. Floyd YONKERS, Respondent/Cross-Appellant.

Supreme Court of Oregon, Department 2.

Decided April 19, 1977.


Attorney(s) appearing for the Case

Jay Edwards, Portland, argued the cause and filed the brief for appellant.

George G. Van Natta, St. Helens, argued the cause and filed the brief for respondent/cross-appellant. With him on the brief were Van Natta & Petersen, St. Helens.

Before DENECKE, C.J., and TONGUE, BRYSON and DAVIS, JJ.


TONGUE, Justice.

This is a suit by the personal representative of a decedent's estate to set aside a deed made by the decedent to the defendant for alleged undue influence. A demurrer to the complaint was overruled and the case was tried before the court, without a jury.

The trial court, after making findings of fact that there was no undue influence, held that "equity requires" that defendant's "promise to [the decedent] be carried out and accordingly a constructive...

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