Roe v. Pierce

Appellants, decedent’s children, appeal from a probate judgment distributing proceeds of a settlement to decedent’s wife. We review de novo, Williams v. Cover, 74 Or App 711, 713 n 2, 704 P2d 548 (1985), and affirm.

In February, 1986, decedent filed a medical malprac-* tice action, which was amended in December to include a claim by wife for loss of consortium. In June, 1987, decedent died as a result of the alleged malpractice. Wife was appointed personal representative of decedent’s estate in July and, in that capacity, filed a separate wrongful death action in October against the same…