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FIRST NAT. BANK OF OREGON v. SCHWERIN

No. A7910-04949; CA 19254.

635 P.2d 388 (1981)

54 Or.App. 460

FIRST NATIONAL BANK OF OREGON, Trustee under a Testamentary Trust Created by Louis C. Wachsmuth, Respondent, v. Patricia SCHWERIN and Victor Lee Wachsmuth, Respondents, v. Craig James JACKSON, Appellant.

Court of Appeals of Oregon.

Decided November 2, 1981.

Attorney(s) appearing for the Case

Leonard N. Gard, Portland, argued the cause for appellant. With him on the brief was Dressler & Granata, Portland.

Sally L. Avera, Dallas, argued the cause for respondent Victor Lee Wachsmuth. With her on the brief was Avera & Avera, Dallas.

Guy A. Randles, Portland, filed the brief for respondent Patricia Schwerin.

Dale F. Evans, Portland, waived appearance for respondent First Nat. Bank of Oregon.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

THORNTON, Judge.

Defendant appeals the trial court's order denying him an interest in a testamentary trust.

The facts are not in dispute. On January 11, 1955, Louis C. Wachsmuth executed his will, which in pertinent part established a trust for his son, Richard T. Wachsmuth.1 Upon Richard's death, the trust was to be distributed periodically to Richard's "children then surviving" for 21...

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