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LEE v. MELONE

527 P.2d 414 (1974)

In the matter of the Estate of Alfonso Melone, Deceased. Dorothy McCullough LEE and Madeline Difabio, (Personal Representatives), Appellants, v. Rudolpho J. MELONE and Marco Melone, Respondents.

Court of Appeals of Oregon.

Decided October 28, 1974.

Rehearing Denied December 4, 1974.

Attorney(s) appearing for the Case

Richard R. Carney, Portland, argued the cause for appellants. With him on the briefs were Dorothy McCullough Lee and James D. Church, Portland.

Raul Soto-Seelig, Portland, argued the cause for respondents. With him on the brief were Rask & Soto-Seelig, Portland.

Before SCHWAB, C.J., and FOLEY and TANZER, JJ.

FOLEY, Judge.

Petitioners Rudolpho J. Melone and Marco Melone requested the probate court under its equitable power to terminate a testamentary trust created by decedent Alfonso Melone. Petitioners alleged that the trust was a passive trust. They further alleged that all beneficiaries may join in terminating a passive trust and that they constituted all beneficiaries because they were beneficiaries not only of the life estates created by the trust but also of the...

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