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PHILLIPS v. BD. OF HOSP. TRUSTEES OF PORTLAND

Nos. 374-502; A-76-04-05016; CA 11879.

599 P.2d 1134 (1979)

41 Or.App. 401

Clarence D. PHILLIPS, Howard P. Arnest, David O. Johnson, Clifford Clark, and al Holmes, As the Committee Created by the Last Will and Testament of Louis G. Clarke, Deceased, Appellants, v. BOARD OF HOSPITAL TRUSTEES OF PORTLAND, Oregon, an Oregon Corporation, Operating and Controlling Good Samaritan Hospital, Respondent, United States National Bank of Oregon, As Trustee under the Last Will and Testament of Louis G. Clarke, Deceased, and Lee Johnson, Attorney General of the State of Oregon, Defendants.

Court of Appeals of Oregon.

Decided August 20, 1979.

Attorney(s) appearing for the Case

Jarvis B. Black, Portland, argued the cause for appellants. On the briefs were David N. Hobson, Phillips, Coughlin, Buell, Stoloff & Black, Ross A. Fearey and Buell, Black, Gates & Dupuy, Portland.

Ridgway K. Foley, Portland, argued the cause for respondent. With him on the brief was L. Edward Robbins, Robert G. Simpson, and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, waived appearance for defendant Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and GILLETTE and CAMPBELL, JJ.

SCHWAB, Chief Judge.

The issue in this equitable proceeding is whether to expand the terms of a trust on the ground that it has become impossible to expend the income of the trust.

There was a similar application to the circuit court in 1973. The significant terms of the trust, as amended by the court's 1973 orders, are as follows: (1) the trust is administered by a committee designated in the last will of Louis G. Clarke; (2) the committee distributes trust...

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