Sarvela v. McCoy

Defendant appeals from a decree of the probate court terminating her conditional life estate in certain real and personal property for failure to meet a residence requirement. The life estate was given to defendant by the will of Neal F. McCoy (testator). The court declared the property to be owned solely by plaintiff, the remainderman. We review de novo, ORS 19.125 (3); 111.105(1).

The salient facts are as follows:

Defendant Mary McCoy, who is described as testator’s friend, business partner and housemate, was 53 years old when he died in 1967. She and testator resided together on the real…