Catching v. Lashway

Plaintiffs brought this action to enforce an alleged contract to make a will; they seek to impose a constructive trust on the assets of the estate of which defendant is the personal representative. Defendant’s motion to dismiss for failure to allege ultimate facts sufficient to constitute a claim was granted. ORCP 21A(8). Plaintiffs appeal from the ensuing judgment. We reverse.

Arthur and Joyce McKay were husband and wife. Plaintiffs are the daughters of Arthur; defendant is a daughter and the personal representative of Joyce’s estate. Joyce had another daughter, Donna Ashe. The complaint…