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BROWN v. UNITED STATES NATIONAL BANK OF OREGON

508 P.2d 208 (1973)

Towner Wilcox BROWN, Appellant, v. UNITED STATES NATIONAL BANK OF OREGON, Respondent.

Supreme Court of Oregon.

Decided April 2, 1973.

Attorney(s) appearing for the Case

J. David Bennett and Alan L. Schneider, Portland, argued the cause for appellant. With them on the briefs were Keane, Haessler, Harper, Pearlman & Copeland, and David W. Harper, Portland.

Cleveland C. Cory, Portland, argued the cause for respondent. With him on the briefs were Hugh L. Biggs, Jere M. Webb, and Davies, Biggs, Strayer, Stoel & Boley, Portland.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE and BRYSON, JJ.

O'CONNELL, Chief Justice.

This is a suit in equity brought by the settlor of an express trust against the trustee to terminate the trust and in the alternative to remove the trustee and appoint a successor trustee. Plaintiff appeals from a decree in favor of defendant trustee.

In 1951 plaintiff executed a trust agreement in which defendant was the trustee. The trust was divided into two parts designated as "Fund A" and "Fund B" and both provide that plaintiff...

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