105.960
Reformation. Upon
the petition of an interested person, a court shall reform a disposition in the
manner that most closely approximates the transferor’s manifested plan of
distribution and is within the 90 years allowed by ORS 105.950 (1)(b), (2)(b)
and (3)(b) if:
(1) A nonvested
property interest or a power of appointment becomes invalid under ORS 105.950,
statutory rule against perpetuities;
(2) A class gift
is not but might become invalid under ORS 105.950, statutory rule against
perpetuities, and the time has arrived when the share of any class member is to
take effect in possession or enjoyment; or
(3) A nonvested
property interest that is not validated by ORS 105.950 (1)(a) can vest but not
within 90 years after its creation. [1989 c.208 §3]
Notes of Decisions
Cited in
2
cases, 2009–2016 · leading case:
Kerr v. Bauer, 222 P.3d 1117 (Or. Ct. App. 2009).
Kerr v. Bauer, 222 P.3d 1117 (Or. Ct. App. 2009).
· cites it 2× “As one of his counterclaims and cross-claims, Donald requested that the court, pursuant to ORS 105.960, reform Deed #1 to create interests that would vest within 90 years of the creation of the trust; he suggested that the provisions of the Kerr Homestead Trust, with *379…”
Kerr v. Bauer, 373 P.3d 1263 (Yamhill Cty. Cir. Ct., O.R. 2016).
“970(2) (“a court * * * may reform” an instrument created before January 1, 1990, that is determined in a judicial proceeding initiated after that date to violate the rule against perpetuities) with ORS 105.960 (“a court shall reform” an instrument created after January 1, 1990,…”
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