Ryan v. Colombo

This action seeks to set aside a deed whereby Thomas Martin and his wife, Svea Martin, conveyed their joint interest in the family residence to the trustee 1 of Svea’s inter vivos trust. Prior to the conveyance, they had held the property as tenants by the entirety. ORS 108.090. Plaintiff contends that the deed should be set aside, because: (1) Thomas lacked the mental capacity to execute it; (2) it was the product of undue influence by Svea, and (3) it fails to satisfy the Statute of Frauds. ORS 93.020. Trial was to the court, which entered a judgment for defendants. We review de novo and…