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McCOLLOCH v. U.S. NATIONAL BANK

207 Or. 508 (1956)

197 P.2d 1076

McCOLLOCH v. UNITED STATES NATIONAL BANK OF PORTLAND

Supreme Court of Oregon.

Reversed and remanded May 31, 1956.

Attorney(s) appearing for the Case

Robert L. Myers, Portland, argued the cause for appellant. With him on the briefs was Howard T. McCulloch, Portland.

William W. Wyse, Portland, argued the cause for respondent. On the brief were Hart, Spencer, McCulloch, Rockwood and Davies and Cleveland C. Cory, Portland.

Before WARNER, Chief Justice, and TOOZE, ROSSMAN, LUSK, BRAND and PERRY, Justices.

REVERSED AND REMANDED.

LUSK, J.

The plaintiff brought this suit to obtain a decree construing a testamentary trust contained in the will of Florence J. McCulloch, deceased. The deceased was the wife of plaintiff and he is the executor under her will. By his complaint the plaintiff prayed that his duties as executor be declared, and in particular that the trust be decreed to be void as in violation of the rule against perpetuities. The case was filed in the...

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