Baker v. Mohr

Plaintiff, daughter of Vernita Fontella Mohr (decedent), sued defendant to enforce a premarital agreement by imposing a constructive trust over assets that he had acquired from decedent, his spouse. The trial court granted defendant’s summary judgment motion. ORCP 47. Plaintiff appeals, and we reverse.

Plaintiff alleges that, before decedent died, defendant destroyed or concealed the premarital agreement between him and decedent. According to plaintiff, the purported agreement contemplated that decedent and defendant would execute a will that would leave half of their assets to plaintiff…