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MASTERS v. BISSETT

A8407-04448, A8407-04139, A8407-04366; CA A41367, CA A44881.

790 P.2d 16 (1990)

101 Or.App. 163

Linda MASTERS, David Bissett, Stephen Bissett, and Christina Bissett, Appellants, v. Larry BISSETT, Individually and As Trustee of the Rudolph A. Bissett Testamentary Residual Trust, As Trustee of the Rose Bissett Hefty Trust, and As General Partner of Bissett & Bissett, Ltd., an Oregon Limited Partnership, Nancy Bissett, Individually and as Trustee of the Rose Bissett Hefty Trust and As General Partner of Bissett & Bissett, Ltd., an Oregon Limited Partnership, and Bissett & Bissett, Ltd., an Oregon Limited Partnership, Respondents. In the matter of December 29, 1977 Rose Bissett Hefty Trust. In the matter of the Rudolph A. Bissett Testamentary Residual Trust. In the matter of the November 10, 1969 Rose E. Bissett Trust. Linda Masters, David Bissett, Stephen Bissett, and Christina Bissett, Respondents-Cross-Appellants, v. LARRY BISSETT, Individually and As Trustee of the Rudolph A. Bissett Testamentary Residual Trust, As Trustee of the Rose Bissett Hefty Trust, and As General Partner of Bissett & Bissett, Ltd., an Oregon Limited Partnership, Nancy Bissett, Individually and As Trustee of the Rose Bissett Hefty Trust and As General Partner of Bissett & Bissett, Ltd., an Oregon Limited Partnership, and Bissett & Bissett, Ltd., an Oregon Limited Partnership, Appellants-Cross-Respondents. In the matter of the Residual Trust Created under the Will of Rudolph A. Bissett, Deceased. Linda Masters, Stephen Bissett, Christina Bissett and David Bissett, Respondents-Cross-Appellants, v. Larry BISSETT, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided April 4, 1990.

Attorney(s) appearing for the Case

Michael J. Morris, Portland, argued the cause for Linda Masters et al, in CA A41367 and in CA A44881. With him on the briefs was Grebe, Gross, Peek, Osborne & Dagle, P.C., Portland.

Jacob Tanzer, Portland, argued the cause for Larry Bissett et al, in CA A41367, and for Larry Bissett in CA A44881. With him on the briefs was Ball, Janik & Novack, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

This appeal involves three cases, two of which were consolidated for trial and on appeal (CA A41367). The third is consolidated with them for decision on appeal (CA A44881), because it involves facts common to all three cases. Plaintiffs are the grandchildren of Dr. Rudolf Bissett and are beneficiaries of a testamentary trust created by him and of two inter vivos trusts, one created jointly by him and his wife, Rose, and one created...

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