First Interstate Bank v. Haynes

Plaintiff has petitioned for Supreme Court review of our decision which affirmed the trial court’s dismissal of plaintiffs action against the residuary legatee of an estate. 73 Or App 714, 699 P2d 1168 (1985). We treat the petition as a request for reconsideration, ORAP 10.10, and grant it, but we adhere to our former opinion.

Plaintiff argues for the first time on reconsideration that the estate was closed prematurely and that plaintiff therefore had no other choice but to seek restitution from the residuary legatee. Plaintiff asserts that we failed to recognize that, under ORS 115.145, a…