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U.S. NAT. BANK OF OREGON v. DULING

No. A7611-15721; CA 10356.

592 P.2d 257 (1979)

39 Or.App. 329

UNITED STATES NATIONAL BANK OF OREGON, Trustee of Trust created by Kenneth Duling, Respondent, v. Majorie Bell DULING, Respondent, Carol Joyce Duling, Appellant.

Court of Appeals of Oregon.

Decided March 19, 1979.

Attorney(s) appearing for the Case

Gary A. Thye, Portland, argued the cause and filed the briefs for appellant.

Fred B. Miller, Portland, argued the cause and filed the brief for respondent United States National Bank of Oregon, Trustee of Trust created by Kenneth Duling.

David N. Hobson, Portland, argued the cause and filed the brief for respondent Marjorie Bell Duling.

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.

JOSEPH, Judge.

In this suit for declaratory relief the U.S. National Bank of Oregon, as trustee, seeks an interpretation of a trust instrument, and a declaration of the rights and liabilities of the trustee and the defendant beneficiaries, who are mother (Majorie Bell Duling) and daughter (Carol Joyce Duling). The daughter filed a "counterclaim" against the bank and a "crossclaim" against the mother, asserting that each of them was liable to her for one-half of the...

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