Legal Opinion

Ledford v. Yonkers

Oregon Supreme Court

Decided April 19, 1977No. TC 20976, SC 24430PublishedCited by 2 opinions

1Opinion of the CourtTongue, J.

This is a suit by the personal representative of a decedent’s estate to set aside a deed made by the decedent to the defendant for alleged undue influence. A demurrer to the complaint was overruled and the case was tried before the court, without a jury.

The trial court, after making findings of fact that there was no undue influence, held that "equity requires” that defendant’s "promise to [the decedent] be carried out and accordingly a constructive trust should be established requiring [defendant] to pay the sum of $4,000 to [decedent’s] two sons,” with a lien against the property until paid.

2Cases cited4 opinions

  1. Hillman v. YoungOregon Supreme Court · 1912
  2. Clark v. BundyOregon Supreme Court · 1896
  3. Humphreys v. TaylorOregon Supreme Court · 1874
  4. Estate of Hendrickson v. WarburtonOregon Supreme Court · 1976

3Cited by2 opinions

  1. Rennie v. Freeway TransportCourt of Appeals of Oregon · 1982
  2. Flaig v. EmertCourt of Appeals of Oregon · 2014

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