Oregon Revised Statutes

Or. Rev. Stat. § 105.970 (2026)

Prospective application

✓ current as of May 2026
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      105.970 Prospective application. (1) Except as extended by subsection (2) of this section, ORS 105.950 to 105.975 apply to a nonvested property interest or a power of appointment that is created on or after January 1, 1990. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.

      (2) If a nonvested property interest or a power of appointment was created before January 1, 1990, and is determined in a judicial proceeding, commenced on or after January 1, 1990, to violate this state’s rule against perpetuities as that rule existed before January 1, 1990, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created. [1989 c.208 §5]

Notes of Decisions
Cited in 3 cases, 1991–2016 · 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 8× “The court explicitly stated that, “in the exercise of its discretion,” it declined to reform Deed #1 under ORS 105.970, as requested by Donald, because the court had “previously modified [Deed #1] upon plaintiffs’ motion for partial summary judgment by applying the common law…”
Kerr v. Bauer, 373 P.3d 1263 (Yamhill Cty. Cir. Ct., O.R. 2016). · cites it 23× “) and Senior, Donald petitioned the court to reform Deed #1 under ORS 105.970(2). 1 Donald argued that the court could better preserve Sylva’s intent by modifying the deed to include a savings clause and additional trustees.”
Coomler v. Shell Oil Co., 814 P.2d 184 (Or. Ct. App. 1991). “ORS 105.970; see Or Laws 1989, ch 208, § 10.”
— Or. Rev. Stat. § 105.970(1) — 1 case
Kerr v. Bauer, 222 P.3d 1117 (Or. Ct. App. 2009). “The court explicitly stated that, “in the exercise of its discretion,” it declined to reform Deed #1 under ORS 105.970, as requested by Donald, because the court had “previously modified [Deed #1] upon plaintiffs’ motion for partial summary judgment by applying the common law…”
— Or. Rev. Stat. § 105.970(2) — 2 cases
Kerr v. Bauer, 222 P.3d 1117 (Or. Ct. App. 2009). “The court explicitly stated that, “in the exercise of its discretion,” it declined to reform Deed #1 under ORS 105.970, as requested by Donald, because the court had “previously modified [Deed #1] upon plaintiffs’ motion for partial summary judgment by applying the common law…”
Kerr v. Bauer, 373 P.3d 1263 (Yamhill Cty. Cir. Ct., O.R. 2016). “) and Senior, Donald petitioned the court to reform Deed #1 under ORS 105.970(2). 1 Donald argued that the court could better preserve Sylva’s intent by modifying the deed to include a savings clause and additional trustees.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.