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JOHNSON v. COMMERCIAL BANK

No. 97048; SC 25518.

588 P.2d 1096 (1978)

284 Or. 675

Frieda J. JOHNSON, Individually and As Personal Representative of the Estates of Elmer H. White and Ruth M. White, Deceased, Appellant, v. The COMMERCIAL BANK, an Oregon Banking Corporation, Trustee of the Elmer H. White Trust, Leon White, Leona Piland, Aka Bertha Leona Piland, Ruth K. Neuman, John Harries, Jr., Darlene Porter and Roy White, Beneficiaries and Remaindermen of the Elmer H. White Trust and Heirs of Elmer H. White and Ruth M. White, Deceased, Respondents, and Patricia M. Taylor, Donald Rosenow, Eugene Rosenow, Virginia Fish, Tom Rosenow, Keith White and Robert White, Beneficiaries and Remaindermen of the Elmer H. White Trust and Heirs of Elmer H. White and Ruth M. White, Deceased; and Also All Other Persons and Parties Unknown Claiming Any Interest in the Trust Described in the Complaint and Subject Matter Herein, Defendants.

Supreme Court of Oregon, Department 2.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Catherine Zorn, Salem, argued the cause and filed briefs for appellant.

Robert J. Saalfeld, of Harland, Ritter, Saalfeld & Griggs, Salem, argued the cause and filed a brief for respondents.

Before DENECKE, C.J., and TONGUE, BRYSON and LINDE, JJ.

BRYSON, Justice.

Plaintiff brought this creditors' suit, as an individual and as personal representative of the estate of Elmer H. White and Ruth M. White, deceased, to recover wages due her for nursing services rendered to the deceased parties.

Deceased Elmer, as trustor, entered into a trust agreement with defendant bank as trustee and both Elmer and Ruth transferred all their assets into the trust and therefore both their estates were insolvent. The other...

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