Marion OWENS, and Marion Owens As Personal Representative of the Estate of Joseph Edwin Owens, Deceased, Respondent,
v.
Manville M. HEISEL, As Personal Representative of the Estate of Henry A. Owens, Deceased, William H. Owens, Thomas E. Owens, Mary Ann Martin, the United States National Bank of Oregon, Respondents,
The State of Oregon, Acting by and through the Department of Human Resources, Appellant.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted January 23, 1984.
Decided April 11, 1984.
Attorney(s) appearing for the Case
Margaret E. Rabin, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Deputy Atty. Gen., Salem.
Charles F. Adams, Portland, argued the cause for respondent Thomas E. Owens. With him on the brief was Randolph C. Foster, Portland.
Penny Lee Austin, Medford, waived appearance for respondent Marion Owens.
Manville M. Heisel, Medford, waived appearance for respondent Henry A. Owens.
R.E. Dudrey, Portland, waived appearance for respondent U.S. National Bank of Oregon.
Before RICHARDSON, P.J., JOSEPH, C.J., and NEWMAN, J.
Court of Appeals of Oregon.
JOSEPH, Chief Judge.
This appeal is from a declaratory judgment entered on an order granting Thomas Owens' (defendant) motion for partial summary judgment.1 He, William Owens and Mary Ann Martin are the remaindermen of a testamentary trust established by Henry Owens (settlor) for their father, Joseph Owens (beneficiary), whose personal representative is plaintiff. The settlor died on April 14, 1979. The beneficiary died on September 4...
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