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LaTrace v. Est. of LaTrace

Oregon Court of Appeals
Feb 8, 1982
640 P.2d 703 (Or. Ct. App. 1982)

Summary

In LaTrace, the decedent's statement that the plaintiff would be paid for her services may well have referred to her remainder interest in the house in which the decedent had a life estate; the plaintiff had received that interest some years before, when she and the decedent were divorced.

Summary of this case from Kohler v. Armstrong

Opinion

No. 6536, CA 19980

Argued and submitted November 6, 1981.

Affirmed February 8, 1982.

Appeal from Circuit Court, Morrow County.

Jack F. Olsen, Judge.

William J. Storie, Pendleton, argued the cause for appellant. On the brief were David D. Gallaher, and Storie Gallaher, Pendleton.

Lawrence B. Rew, Pendleton, argued the cause for respondents. With him on the brief was Corey, Byler Rew, Pendleton.

Before Richardson, Presiding Judge, Young, Judge, and Holman, Senior Judge.

Holman, S.J., vice Warden, J.

HOLMAN, S. J.

Affirmed.


This is an action to recover from an estate the value of services rendered to decedent. Plaintiff appeals from a judgment for the estate, which was based on a directed verdict.

Decedent and plaintiff had been husband and wife but had been divorced. They continued to live together after the divorce, and for a period of years plaintiff did for decedent those things which are usually done by a housewife. Plaintiff testified that decedent requested the services and told her she would be paid. A third party testified that decedent told her that plaintiff would be paid for taking care of him. At another time, decedent told the witness that he was not going to pay plaintiff anything more, because plaintiff had received the house. In the divorce settlement, plaintiff had received a house in which decedent retained a life estate. Numerous witnesses testified to the services plaintiff rendered.

The evidence is insufficient to comply with the provisions of ORS 115.195:

"A claim that has been disallowed by the personal representative may not be allowed by any court except upon some competent, satisfactory evidence other than the testimony of the claimant."

This statute has been interpreted strictly to require that testimony other than that of the claimant must make out a prima facie case. Lawrence v. Ladd, 280 Or. 181, 570 P.2d 638 (1977), and cases cited therein. The testimony of the witness that decedent told her that plaintiff would be paid for taking care of him is insufficient to make out a prima facie case, because it merely expresses an intention to pay plaintiff and cannot be construed to be a statement on decedent's part that he had agreed or promised to pay her. In situations of this kind, no presumption of an agreement for payment arises from the performance of the services. York v. Place, 273 Or. 947, 544 P.2d 572 (1975).

The judgment of the trial court is affirmed.


Summaries of

LaTrace v. Est. of LaTrace

Oregon Court of Appeals
Feb 8, 1982
640 P.2d 703 (Or. Ct. App. 1982)

In LaTrace, the decedent's statement that the plaintiff would be paid for her services may well have referred to her remainder interest in the house in which the decedent had a life estate; the plaintiff had received that interest some years before, when she and the decedent were divorced.

Summary of this case from Kohler v. Armstrong

In LaTrace v. Est. of LaTrace, 55 Or. App. 1005, 640 P.2d 703 (1982), we followed Lawrence v. Ladd, 280 Or. 181, 192, 570 P.2d 638 (1977), in strictly interpreting ORS 115.195 "to require that testimony other than that of the claimant must make out a prima facie case."

Summary of this case from Richardson v. Richardson

In LaTrace, we stated that evidence that the decedent told a third party that plaintiff "would be paid for taking care of him [was] insufficient to make out a prima facie case, because it merely expresse[d] an intention to pay plaintiff and cannot be construed to be a statement on decedent's part that he had agreed or promised to pay her."

Summary of this case from Richardson v. Richardson
Case details for

LaTrace v. Est. of LaTrace

Case Details

Full title:LaTRACE, Appellant, v. ESTATE OF LaTRACE et al, Respondents

Court:Oregon Court of Appeals

Date published: Feb 8, 1982

Citations

640 P.2d 703 (Or. Ct. App. 1982)
640 P.2d 703

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