Herburger v. Herburger

Plaintiff appeals from a summary judgment in which the trial court dismissed his claim for imposition of a constructive trust for two annuities. He argues that the trial court erroneously determined that his claim was precluded by an earlier proceeding involving the final accounting and termination of a conservatorship. We reverse and remand.

In December 1992, a probate court appointed plaintiff and defendant as co-conservators for Harold Herburger. ORS 126.003 et seq1 Plaintiff was Harold’s son from his first marriage, and defendant was Harold’s second wife.2 Harold died one month after the…