U.S. NATIONAL BANK v. BELTON


237 Or. 368 (1964)

391 P.2d 611

IN THE MATTER OF THE ESTATE OF MILDRED LITSTER, DECEASED. U.S. NATIONAL BANK v. BELTON

Supreme Court of Oregon.

Reversed April 22, 1964.


Attorney(s) appearing for the Case

Theodore W. Phillips, Medford, argued the cause for appellant. With him on the briefs was Robert R. Dickey, Medford.

On the brief for respondent were Robert Y. Thornton, Attorney General, Salem, and C. Parker Gies, Special Assistant Attorney General, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, O'CONNELL and DENECKE, Justices.


REVERSED.

O'CONNELL, J.

This is an appeal from a decree of the Jackson county circuit court disallowing a claimed exemption under the Oregon inheritance tax law.

Mildred Litster created the "Litster Scholarship Trust" which provides that the income and under certain circumstances the corpus of the trust is to be used annually to pay scholarship awards authorized by a scholarship committee. Clause (d) of the trust provides, as follows:

"(d...

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