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WESLEY v. SOCIETY NAT. BANK

93-P-00315; CA A82372.

922 P.2d 1260 (1996)

143 Or. App. 1

In the Matter of the Estate of Pats Splane, Deceased. Roger WESLEY, Personal Representative of the Estate of Pats Splane, Deceased, Appellant, v. SOCIETY NATIONAL BANK, Trustee of the Mary E. Baldwin Trust, Philip Bonsal, Dudley Bonsal, Suzanne Coe and Kathleen Wesley, Respondents.

Court of Appeals of Oregon.

Decided August 28, 1996.

Attorney(s) appearing for the Case

Kim L. Jordan, Grants Pass, argued the cause for appellant. With him on the briefs were John E. (Jack) Davis and Myrick, Seagraves, Adams & Davis.

Frank C. Rote, III, Grants Pass, argued the cause for respondent Society National Bank. On the brief were Daniel F. Hughes and Brown, Hughes, Bird, Lane & Rote.

No appearance by respondents Philip Bonsal, Dudley Bonsal, Suzanne Coe and Kathleen Wesley.

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

WARREN, Presiding Judge.

In this probate case, the personal representative of decedent's Oregon estate appeals from a supplemental judgment dismissing his motion to preserve the assets of an Ohio trust that is part of the estate. The personal representative sought an order requiring the trustee to reimburse trust funds that it had paid to attorneys for the trust and to prohibit the trustee from spending any future amounts of trust funds. We reverse and remand.

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