SARVELA v. McCOY

No. E78-1214; CA 15269.

612 P.2d 314 (1980)

46 Or.App. 515

Evelyn McCoy SARVELA, Respondent, v. Mary McCoy, Appellant.

Court of Appeals of Oregon.

Decided June 9, 1980.


Attorney(s) appearing for the Case

David Morrison, Oregon Legal Services Corporation, Roseburg, argued the cause for appellant. With him on the brief was Ken Pallack, Oregon Legal Services Corp., Roseburg.

Robert H. Anderson, Roseburg, argued the cause for respondent. With him on the brief was Anderson, Cegavske & Seitz, Roseburg.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.


RICHARDSON, Presiding Judge.

Defendant appeals from a decree of the probate court terminating her conditional life estate in certain real and personal property for failure to meet a residence requirement. The life estate was given to defendant by the will of Neal F. McCoy (testator). The court declared the property to be owned solely by plaintiff, the remainderman. We review de novo, ORS 19.125(3); 111.105(1).

The salient facts are as follows:

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