Yee v. Yee

ORS 116.213 provides: “Upon the filing of receipts or other evidence satisfactory to the court that distribution has been made as ordered in the general judgment, the court shall enter a supplemental judgment of discharge. Except as provided in ORS 115.004, the discharge so entered operates as a release of the personal representative from further duties and as a bar to any action against the personal representative and the surety of the personal representative . . ."

The defendant appealed the trial court’s grant for summary judgement and dismissal of his claims. defendant assigns error to the trial court’s decision that the receipt he signed for his share of his mother’s house unambiguously released his claims for adverse possession. On appeal, defendant pointed to evidence in the summary judgement record regarding the circumstances of formation of the “receipt” and that the language was never intended to bar adverse possession claims. He further argued that the receipt was for the closing of the estate and all parties to the probate understood adverse possession claims would be litigated in a separate action. ORS 116.213 provides: “Upon the filing of receipts or other evidence satisfactory to the court that distribution has been made as ordered in the general judgment, the court shall enter a supplemental judgment of discharge. Except as provided in ORS 115.004, the discharge so entered operates as a release of the personal representative from further duties and as a bar to any action against the personal representative and the surety of the personal representative . . . ” The Court found that the release language was so undefined in scope that it must be limited by additional context and the parties to probate expressly discussed closing the estate and leaving adverse possession claims for subsequent litigation. The receipt does not ambiguously bar defendant’s claim and rather this was an issue of material fact. Reversed and Remanded.