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STEPHAN v. EQUITABLE SAVINGS AND LOAN ASSOCIATION

522 P.2d 478 (1974)

In the matter of the Testamentary Trust under the Will of Paul STEPHAN, Deceased. Anna Stephan et al., Appellants and Cross-Respondents, v. EQUITABLE SAVINGS AND LOAN ASSOCIATION, an Oregon Corporation, Respondent and Cross-Appellant.

Supreme Court of Oregon.

Decided May 16, 1974.

Attorney(s) appearing for the Case

Charles F. Hinkle, Portland, argued the cause for appellants. With him on the briefs were Jeffrey Michael Alden, Velma Jeremiah and Davies, Biggs, Strayer, Stoel & Boley, Portland.

John R. Faust, Jr., Portland, argued the cause for respondent. With him on the brief were Robert D. Rankin and Cake, Hardy, Buttler, McEwen & Weiss, Portland.

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

TONGUE, Justice.

This is a suit by beneficiaries of an alleged testamentary trust to remove the trustee and for an accounting and damages. The trial court held that there was a trust and that defendant had breached the trust and removed the defendant as trustee, but did not order an accounting and limited its award of damages to $1,470.41. Plaintiffs appeal. Defendant cross-appeals.

Plaintiffs contend that: (1) beginning...

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