Matter of Estate of White

The central issue in this case is the proper construction of ORS 30.070, which provides that the personal representative of a decedent "with the approval of the court of appointment,” has full power to settle an action for the decedent’s wrongful death.

In this case the personal representative is the surviving spouse of the decedent. The parties agree that those entitled to share in the distribution of the proceeds of the wrongful death claim or its settlement were the spouse himself, the decedent’s parents, and her children by a former marriage. See ORS 30.020(1) and 30.030. We will refer to…