LOWERY v. EVONUK

16-85-04890; CA A41581.

767 P.2d 489 (1989)

95 Or.App. 98

Julia Catherine LOWERY and Margaret May Lay, Respondents, v. Norman R. EVONUK, Appellant. the Estate of Eugene Evonuk and the Estate of Mary Evonuk, Respondents.

Court of Appeals of Oregon.

Decided January 25, 1989.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellant.

Warren John West, Bend, argued the cause and filed the brief for respondents Lowery/Lay.

Edward C. Harms, Jr., Springfield, argued the cause for respondent Estate of Eugene Evonuk. With him on the brief was Harms, Harold, Leahy & Pace, Springfield.

No appearance for respondent Estate of Mary Evonuk.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


NEWMAN, Judge.

Norman R. Evonuk (defendant), as successor trustee of a testamentary trust, appeals a judgment for plaintiffs in their action for an accounting and termination and distribution of the trust. He assigns as errors that the court found that he had breached his duty as trustee, that it denied trustee fees to him and that it awarded attorney fees to plaintiffs. We review de novo, ORS 19.125(3), and affirm.

In April, 1977, Peter Evonuk died...

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