Legal Opinion
O'BRIEN v. Belsma
Court of Appeals of Oregon
Decided August 28, 1991No. CV 87-981; CA A61655PublishedCited by 4 opinions
1Opinion of the CourtJoseph, C. J.
Plaintiff, on behalf of the estate of Helen O’Brien, brought this action to rescind and cancel deeds and to require the return of funds that Helen had given to defendant when Helen was allegedly incompetent. The court dismissed the action with prejudice and awarded defendant attorney fees, costs and disbursements. Plaintiff appeals. On de novo review, we affirm the dismissal but reverse and remand with respect to the award of attorney fees.
Helen and plaintiff were married for 35 years. Defendant is Helen’s daughter by a previous marriage. She had never been regularly employed, and Helen did…
2Cases cited4 opinions
- In Re the Estate of ReddawayOregon Supreme Court · 1958
- First Christian Church v. McReynoldsOregon Supreme Court · 1952
- In Re Lobb's WillOregon Supreme Court · 1944
- Ryan v. ColomboCourt of Appeals of Oregon · 1985
3Cited by4 opinions
- Claudine L. Boyce, Also Known as Marilyn Boyce v. Vera Fernandes and City of Peoria, IllinoisCourt of Appeals for the Seventh Circuit · 1996
- Landmark Trust (USA), Inc. v. GoodhueSupreme Court of Vermont · 2001
- In Re the Marriage of DavisCourt of Appeals of Oregon · 2004
- In Re the Marriage of DavisCourt of Appeals of Oregon · 2004