Willbanks v. Goodwin

We allowed review to decide whether an action for specific performance of an alleged contract to make a will and seeking to impose a constructive trust on the assets of a decedent’s estate is a “claim,” which would be barred by ORS llfi.OOSiS) 1 2 if not presented to the personal representative within 12 months after the first publication of notice to interested persons. The trial court and the Court of Appeals held that this statute did not apply to the plaintiffs action. We reverse without reaching that issue because the evidence does not clearly convince us that the contract alleged by the…