Wilson v. Culbertson

Plaintiff brought this action against the personal representative of an estate to recover damages for loss of personal property. Defendant filed a plea in abatement, contending that the claim against the estate was barred because it had not first been presented to the personal representative as required by ORS 115.005(1). The district court sustained the plea in abatement because it concluded that plaintiff had not complied with the statutory requirements for presenting a claim against an estate. Plaintiff appeals and we reverse.

Defendant is the personal representative of the estate of the…