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SCHOMP ET AL v. BROWN ET AL

215 Or. 714 (1959)

335 P.2d 847

337 P.2d 358

SCHOMP ET AL v. BROWN ET AL

Supreme Court of Oregon.

Reversed March 4, 1959.

Petition for rehearing denied April 1, 1959.

Attorney(s) appearing for the Case

Frank H. Hilton, Portland, argued the cause for appellant. With him on the briefs was Karl F. Glos, Portland.

William G. Dick, The Dalles, argued the cause for respondents. On the brief were Dick & Dick, The Dalles.

Before McALLISTER, Chief Justice, and LUSK, WARNER and SLOAN, Justices.

REVERSED.

WARNER, J.

This is a suit for a declaratory judgment. It seeks a decree declaring that the defendant Gertrude K. Schomp Brown, under the will of Robert Hugh Schomp, deceased, holds, as trustee, all the property received by her from said testator's estate on final distribution and all property that she might thereafter acquire from the possible sale, hypothecation or other use of said property. It also prays for a further holding that plaintiffs and...

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