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WATTERS v. SCHMEER

245 Or. 477 (1967)

422 P.2d 676

IN THE MATTER OF THE ESTATE OF ROBERT W. SCHMEER, SR., DECEASED WATTERS v. SCHMEER

Supreme Court of Oregon.

Affirmed in part, reversed in part January 18, 1967.

Attorney(s) appearing for the Case

Leo Levenson, Portland, argued the cause for appellant. With him on the brief was Howard P. Arnest, Portland.

George I. Hansen, Portland, argued the cause for respondent. On the brief were Hansen, Lekas & Dicey, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.

AFFIRMED IN PART; REVERSED IN PART.

SLOAN, J.

The will of the decedent Robert W. Schmeer, Sr. provided that his residuary estate be distributed to a trustee. The trustee is authorized to apply the income from the estate for the benefit of the widow for her lifetime. Upon her death a named successor-trustee is to terminate the trust and divide the trust assets between two children. One of the children, Suzanne M. Watters, is a party to this proceeding. The...

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