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HOLT v. RICE

578 P.2d 393 (1978)

282 Or. 203

Lois M. HOLT and William E. Hanzen, Co-Trustees of a Trust Created by the Last Will and Testament of Alex H. McIntyre, Deceased, in Real and Personal Property for the Equal Benefit of James Rice, Paul Rice and Norman A. McIntyre, Plaintiffs, v. James RICE and Joan Rice, Husband and Wife, Paul Rice, a Minor, and Norman A. McIntyre, a Minor and Vern Bell, Defendants. Harold C. Gerking, Appellant-Cross-Respondent, v. William E. Hanzen, Dean Pinkerton, Paul Rice, James Kevin Rice by His Guardian Joan Rice, Respondents-Cross-Appellants-Cross-Respondents, Norman A. McIntyre, Respondent-Cross-Respondent, Thomas W. Tullis and Norma J. Tullis, Husband and Wife, Respondents-Cross-Appellants-Cross-Respondents.

Supreme Court of Oregon.

Argued and Submitted October 31, 1977.

Attorney(s) appearing for the Case

James M. Habberstad, The Dalles, argued the cause for appellant-cross-respondent Gerking. With him on the briefs was Dick & Dick, The Dalles.

Alex M. Byler, of Corey, Byler & Rew, Pendleton, argued the cause for respondents-cross-appellants-cross-respondents Tullis. With him on the briefs was Jeffrey M. Wallace, Pendleton.

W. Eugene Hallman, of Mautz, Hallman & Rees, Pendleton, argued the cause for respondent-cross-appellant-cross-respondent Paul Rice. With him on the briefs were Milo W. Pope, Milton-Freewater, one of the attorneys for respondents-cross-appellants-cross-respondents Hanzen and Pinkerton; and J.T. Monahan and John U. Grove, of Monahan & Grove, Milton-Freewater, for respondent-cross-appellant-cross-respondent James Kevin Rice by his guardian Joan Rice.

Roy Kilpatrick, Mount Vernon, argued the cause for respondents-cross-appellants-cross-respondents Hanzen and Pinkerton.

No appearance for respondent-cross-respondent McIntyre.

Before DENECKE, C.J., and HOLMAN, BRYSON and LENT, JJ.

Argued and Submitted at Pendleton October 31, 1977.

HOLMAN, Justice.

This case involves two separate proceedings which have been consolidated for trial and upon appeal. The first is a statutory proceeding of long standing under ORS ch. 128, which permits suits in equity to acquire court supervision of existing trusts and authorization of transactions relating to trust property. The second proceeding is for declaratory relief. Both proceedings involve the same...

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