Stangier v. Stangier

Decision Date21 December 1966
Citation245 Or. 236,421 P.2d 693
PartiesIn the Matter of the Guardianship and Estate of George J. Stangier, an Incompetent Person. George J. STANGIER, by and through his Guardian Ad Litem, John E. Walker, Appellant, v. Robert B. STANGIER, Guardian, Respondent.
CourtOregon Supreme Court

Roy Kilpatrick, Canyon City, argued the cause for appellant. With him on the brief were Cramer & Gronso, Burns.

Gene B. Conklin, Pendleton, argued the cause and filed a brief for respondent.

Before SLOAN, P.J., and O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

DENECKE, Justice.

The sole issue in this proceeding is whether George Stangier is incompetent within the meaning of the statute authorizing the appointment of a guardian for the person and estate of an incompetent. The trial court held that he was incompetent and appointed a son as guardian.

The guardian concedes that this appeal is tried de novo.

ORS 126.106 authorizes the court to appoint guardians for incompetents. ORS 126.006(3) provides: "Incompetent' includes any person who, by reason of mental illness, mental deficiency, advanced age, disease, weakness of mind or any other cause, Is unable unassisted to properly manage and take care of himself or his property.' (Emphasis added.)

Opinions on Mr. Stangier's competency are conflicting.

An attorney who had represented Mr. Stangier's ex-wife in a divorce proceeding occurring within the year of the guardianship proceeding testified. He stated that his client had asked him to talk to Mr. Stangier when the guardianship proceeding commenced and that he had done so. He testified: '* * * there wasn't any question in my mind, but what he was oriented. * * * My opinion is that he is able to manage his affairs.'

A psychiatrist examined Mr. Stangier at his attorney's request. He testified that Mr. Stangier was capable of managing his business affairs.

Mr. Stangier testified in his own behalf. He was 73 years of age at the time of the hearing. In 1957 he had a cerebral thrombosis which resulted in the paralysis of muscles of one eye. In 1960 he suffered an accidental injury to his knee and as a result probably is unable completely to care for himself physically. In our opinion his testimony was inconclusive.

Mr. Stangier's accountant for almost 30 years testified that in his opinion Mr. Stangier could not 'manage his own affairs by himself.' Mr. Stangier's physician for at least 30 years, a man...

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4 cases
  • Lane County Escrow Service, Inc. v. Smith
    • United States
    • Oregon Supreme Court
    • February 25, 1977
    ... ... Adamson v. Adamson, 273 Or. 382, 389, 541 P.2d 460 (1975); Stangier v. Stangier, 245 Or. 236, 238, 421 P.2d 693 (1966); Martin v. Good, 234 Or. 291, 296, 381 P.2d 713 (1963) ...         Defendant argues ... ...
  • Jewett v. Deerhorn Enterprises, Inc.
    • United States
    • Oregon Supreme Court
    • February 28, 1978
    ... ... Lane County Escrow v. Smith (Coe), 277 Or. 273, 560 P.2d 608 [281 Or. 474] (1977); Adamson v. Adamson, 273 Or. 382, 541 P.2d 460 (1975); Stangier v ... Stangier, 245 Or. 236, 421 P.2d 693 (1966); Martin v. Good, 234 Or. 291, 381 P.2d 713 (1963) ...         Plaintiffs complained of ... ...
  • American Timber & Trading Co. v. Niedermeyer
    • United States
    • Oregon Supreme Court
    • December 30, 1976
    ...great weight to the findings of the trial judge who viewed the witnesses and observed their demeanor. See, e.g., Stangier v. Stangier, 245 Or. 236, 238, 421 P.2d 693 (1966). The trial of these suits lasted for six weeks and filled 17 volumes of transcript. There are literally hundreds of fi......
  • Van v. Van
    • United States
    • Oregon Court of Appeals
    • September 10, 1973
    ... ... Stangier v. Stangier, 245 Or. 236, 237, 421 P.2d 693 (1966). The procedure to be followed in reviews de novo was stated in Hannan v. Good Samaritan Hosp., 4 ... ...

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