Jones v. Kuhn

Plaintiffs brought an action under ORS 28.040 for declaratory relief to determine whether an option to purchase the family farm executed by their now deceased mother in favor of her conservator’s son was lawful. The trial court entered an order dismissing their suit, and they appeal.

Defendants Donald D. Kuhn (Senior) and Mary E. Kuhn are the parents of defendant Donald H. Kuhn (Junior). Mary is the sister of plaintiffs. In the spring of 1973, Henry and Bertha Deyoe, parents of plaintiffs and Mary, entered a nursing home after having lived on their 35-acre farm for nearly 60 years. Junior then…