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NAITO v. NAITO

8705-91003; CA A49882.

783 P.2d 1012 (1989)

In the matter of the Guardian/Conservatorship of Hide NAITO, an Incapacitated Person. Midori Naito, Appellant-Cross-Respondent, v. Samuel T. NAITO, William S. Naito, Respondents-Cross-Appellants, and Herbert M. Schwab, Respondent.

Court of Appeals of Oregon.

Decided December 13, 1989.

Attorney(s) appearing for the Case

Hollis McMilan, Portland, argued the cause for appellant-cross-respondent. With him on the briefs, were G. Kenneth Shiroishi, Marsha Murray-Lusby and Dunn, Carney, Allen, Higgins & Tongue and David B. Markowitz, Lisa A. Kaner and Markowitz, Herbold, Stafford & Glade, P.C., Portland.

Colleen O'Shea Clarke, Portland, argued the cause for respondent and respondents-cross-appellants. With her on the briefs, was Weiss, DesCamp & Botteri, Portland.

Before RICHARDSON, P.J., and ROSSMAN and EDMONDS, JJ.

ROSSMAN, Judge.

In 1987, Midori Naito (wife) was appointed conservator of the estate of Hide Naito, her husband. Hide's sons from a prior marriage, Samuel and William Naito (sons), opposed wife's appointment and, in January, 1988, filed a petition seeking her removal. They alleged that she had engaged in acts of self dealing whereby she had removed substantial assets from the estate. They also requested attorney fees payable from the estate.

The trial court...

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