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ROSE v. O'REILLY

50-88-05626; CA A72865.

841 P.2d 3 (1992)

116 Or. App. 512

In the Matter of the Estate of Everett W. Rose, Deceased. Gladys L. ROSE and Jill M. Miller, Beneficiaries of the Estate of Everett W. Rose, Deceased, Appellants, v. Edward O'REILLY, Successor Trustee, and Samantha Hale, Beneficiary of the Estate of Everett W. Rose, Deceased, Respondents.

Court of Appeals of Oregon.

Decided November 18, 1992.

Attorney(s) appearing for the Case

K. Patrick Neill, Eugene, argued the cause for appellants. With him on the briefs were Andrew G. Lewis and Hershner, Hunter, Moulton, Andrews & Neill, Eugene.

Paul D. Clayton, Eugene, argued the cause for respondent Edward O'Reilly. With him on the brief was Anderson & Clayton, Eugene.

No appearance for respondent Samantha Hale.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

Plaintiffs, the wife and daughter of the trustor, appeal an order appointing respondent O'Reilly as successor trustee of two testamentary trusts. They assign error to the probate court's holding that daughter could not serve as trustee, because she was also a beneficiary of the same trusts. We reverse.

The trustor's will named the daughter as the successor trustee. After the original trustees resigned, the probate court refused to appoint her....

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