ORS 114.365¹
Validation of certain sales

The following are the subject of validating Acts:

(1) Certain sales of decedent’s real property made prior to 1903 where confirmation of sale was premature, validated by page 133, section 2, General Laws of Oregon 1903.

(2) Certain sales of decedent’s property made prior to 1907 under power in will, validated by chapter 175, General Laws of Oregon 1907.

(3) Certain sales of decedent’s real property made prior to 1917 where publication of the notice of sale was improper, validated by section 2, chapter 114, General Laws of Oregon 1917.

(4) Certain sales by executors or administrators made prior to 1943, validated by chapter 26, Oregon Laws 1943. [Formerly 116.835]

Notes of Decisions

Where ORS 30.070 (Settlement) grants per­sonal representative “full power” to settle wrongful death claim with approval of probate court and does not require notice to beneficiaries or grant them right to intervene in pro­ceed­ing to approve settle­ment but only to be heard as matter of right re­gard­ing alloca­tion of proceeds, if per­sonal representative breached fiduciary duty, beneficiaries have remedy under ORS 114.395 (Improper exercise of power) and 114.405 (Personal liability of personal representative). Hughes v. White, 41 Or App 439, 599 P2d 1147 (1979), aff’d 289 Or 13, 609 P2d 365 (1980)

1 Legislative Counsel Committee, CHAPTER 114—Administration of Estates Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors114.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 114, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano114.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information