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IN RE HARRELL

105-A; CA A63644.

801 P.2d 852 (1990)

104 Or.App. 332

In the matter of the Testamentary Trust under the Will of J.W. Stuchell, Deceased. Appeal of Edna E. Rogers HARRELL.

Court of Appeals of Oregon, In Banc.

Decided November 21, 1990.

Resubmitted September 12, 1990.

Reconsideration Denied January 16, 1991.

Attorney(s) appearing for the Case

D. Charles Mauritz, Portland, argued the cause for appellant. With him on the brief were Timothy R. Volpert, O. Michael Rinke and Davis Wright Tremaine, Portland.

Resubmitted In Banc September 12, 1990.

BUTTLER, Judge.

Petitioner appeals from the trial court's dismissal of her petition for approval of an agreement to modify a trust. The stated purpose of the proposed modification is to protect a retarded remainder beneficiary. We affirm.

Petitioner is one of two surviving life-income beneficiaries of a testamentary trust established by her grandfather, J.W. Stuchell, in his 1947 will. The trust will terminate...

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