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In re Marriage of Davis

(2004)

Oregon Court of Appeals - 193 Or. App. 279

tl;dr:

After a history of domestic violence, a husband pressured his wife into giving up a ton of stock options during a settlement meeting.

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Facts & HoldingIn re Marriage of Davis case brief facts & holding

Facts:Wife appeals from a judgment denying her request to set...

Holding:Affirmed. Wife was competent under the cognitive test (i.e., she...

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In re Marriage of Davis | Case Brief DeepDive
Majority opinion, author: PER CURIAM
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The case involves a wife's appeal to set aside a stipulated dissolution judgment, claiming that she was not mentally competent at the time of the judgment. The trial court applied the cognitive test to determine her competency, which requires the capacity to understand the nature of the act and its consequences. The appellate court affirms the trial court's decision that the cognitive test is the law of the state and that the trial court did not err in applying it to determine the wife's competency to enter into the stipulated judgment. The court concludes that the record supports the trial court's finding that the wife was competent under the cognitive test and affirms the decision without discussion of the wife's other assignments of error.

Opinion (Concurrence), author: DEITS, C. J.
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The case involves a 17-year marriage dissolution with domestic violence and two minor children. During a settlement conference, the wife, who suffered from depression, post-traumatic stress disorder, and battered woman's syndrome, became emotionally unstable and signed a stipulated judgment that gave all the Intel stock options and interest in the software company to the husband. The wife's attorney did not agree to the agreement, and a psychologist concluded that the wife was not capable of making rational decisions due to her severe emotional disturbance and dissociative state. The concurring judge agrees that the trial court did not err in applying the cognitive test to determine the wife's mental competency, but suggests that the law of mental competency to enter into contracts may need to be reexamined and clarified in light of recent developments.

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Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.

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In re Marriage of Davis

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