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In re Roblin's Estate

210 Or. 371, 311 P.2d 459 (1957)

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In re Roblin’s Estate

Oregon Supreme Court
210 Or. 371, 311 P.2d 459 (1957)

Facts

Charles Roblin Sr. and Ollie Roblin had two children, Ruth (defendant) and Charles Jr. (plaintiff). Charles Jr. often traveled, and Ollie supported him, which angered Charles Sr., who suffered a stroke and went to a nursing home. Ollie and Ruth visited Charles Sr. regularly. When Charles Jr. tried to visit, Charles Sr. said he did not want to see him. Ollie died, leaving $1,581 to Ruth and Charles Jr., with one half to each. Charles Jr. also acquired title to $12,301 in accounts and personal property, which he and Ollie held jointly with right of survivorship. After expenses, Ruth received $62, and Charles Jr. received $12,368. Ruth told Charles Sr. that Ollie had left everything to Charles Jr. except a diamond ring. Charles Sr. then asked for an attorney and made Ruth conservator of his property and executor of his estate, left one dollar to Charles Jr., and left the remainder of his estate to Ruth. Charles Sr. died, and Charles Jr. contested the will, alleging fraud. Ruth denied Charles Jr.’s allegations. The trial court ruled in favor of Ruth, and Charles Jr. appealed.

Rule of Law

Issue

Holding and Reasoning (Rossman, J.)

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Casebooks

Wills, Trusts, and Estates

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