HALE v. GROCE

A8511-06822; CA A38914.

730 P.2d 576 (1986)

83 Or.App. 55

Constance HALE, Appellant, v. Robert GROCE, Respondent.

Court of Appeals of Oregon.

Decided December 17, 1986.

Reconsideration Denied January 30, 1987.

Review Denied February 18, 1987.


Attorney(s) appearing for the Case

Rick T. Haselton, Portland, argued the cause, for appellant. With him on briefs was Lindsay, Hart, Neil & Weigler, Portland.

Emil R. Berg, Portland, argued the cause for respondent. With him on brief was Hallmark, Griffith & Keating, P.C., Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


RICHARDSON, Presiding Judge.

This action arose out of the defendant attorney's failure to carry out the direction of his client, Robert Rogers, to include a $300,000 gift to plaintiff in a will and trust which defendant drafted for Rogers in early March, 1982. Rogers died later that month, and plaintiff and defendant then became aware of defendant's omission. On defendant's advice, plaintiff brought a proceeding in October, 1982, to reform the testamentary instruments...

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