In re Roblin’s Estate
210 Or. 371, 311 P.2d 459 (1957)

  • The Roblins had a son, Charles, and a daughter, Ruth.
    • Mr. Roblin disowned his son, to the point of leaving his wife because he found out she was sending him money.
  • Mrs. Roblin died. Her estate split everything between the two children.
    • However, there were properties that were jointly owned between Charles and Mrs. Roblin that became his through joint ownership with right of survivorship.
  • Ruth went to her father and incorrectly told him that Mrs. Roblin had left almost everything to Charles. In anger, he immediately wrote a will leaving everything he owned exclusively to Ruth.
    • He just so happened to use Ruth’s lawyer.
  • Mr. Roblin died. Charles contested the will.
  • The Trial Court dismissed the claim and admitted the will to probate. Charles appealed.
    • Charles argued that Ruth had fraudulently influenced Mr. Roblin’s will by lying about Mrs. Roblin’s will.
  • The Oregon Supreme Court affirmed.
    • Under Oregon State law, “Fraud which causes the testator to execute a will consists of statements which are false, which are known to be false by the party who makes them, which are material, which are made with the intention of deceiving the testator, which actually deceive the testator, and which cause the testator to act in reliance upon the statements.”
      • All of these elements must be established in order to establish fraud.
    • The Oregon Supreme Court found that Ruth’s statements were simply an exaggeration, or possibly a misconception on her part. There was no intent to deceive, therefore fraud was not established.