Whisnant v. Whisnant

This action is brought by residuary devisees for a declaratory judgment requiring the decedent’s spouse to repay money to the decedent’s estate withdrawn from the decedent’s brokerage account four days after his death. The issue is whether the decedent made a gift causa mortis during his lifetime. The parties tried the case to a jury, but the trial court directed a verdict in favor of defendant after both parties moved for a directed verdict under ORCP 60. The trial court ruled that, based on the evidence, reasonable minds could not differ on the evidence and that a gift causa mortis occurred…