This is an action to impose a constructive trust on a gift made by plaintiffs ward to defendant on the ground that defendant had procured the gift by the exercise of undue influence. The trial court found for defendant and awarded attorney fees pursuant to ORS 20.105.

On the merits we affirm. We deny respondent’s motions for a penalty, ORS 19.160, and an attorney fee on appeal, ORS 20.105.

Affirmed; motions for penalty and attorney fee denied.