WADSWORTH v. BANK OF CALIFORNIA

A84-08-04590; A85-09-06074; CA A48524.

777 P.2d 975 (1989)

97 Or.App. 491

Mary Ann WADSWORTH, Marsha Ann Wadsworth, Thomas Marshall Wadsworth and Paul Craig Wadsworth, As Beneficiaries of the Homer G. Wadsworth Trust, Respondents — Cross-Appellants, v. The BANK OF CALIFORNIA, a National Banking Association, Appellant — Cross-Respondent, Homer G. Wadsworth, Jr., Defendant.

Court of Appeals of Oregon.

Decided July 12, 1989.

Reconsideration Denied August 25, 1989.


Attorney(s) appearing for the Case

Peter C. Richter, Portland, argued the cause for appellant — cross-respondent. With him on the brief was Miller, Nash, Wiener, Hager & Carlsen, Portland.

Ronald H. Hoevet, Portland, argued the cause for respondents — cross-appellants. On the briefs were Shari Jo Clark, Les Wellman and Hoevet, Snyder, Neuberger & Miller, Portland.

Before JOSEPH, C.J., and RIGGS and EDMONDS, JJ.


RIGGS, Judge.

Defendant trustee appeals from a judgment in which the trial court ordered it to pay damages to the trust for breaches of fiduciary duty. Plaintiffs, who are all but one of the beneficiaries of the Homer G. Wadsworth Trust (the trust), cross-appeal, asserting that the trial court applied the wrong measure of damages and that it erred in not awarding them attorney fees and in not requiring defendant to repay the trustee fees that it had received. We affirm...

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