TEMPLE BETH ISRAEL v. FEISS

(9708-06587 and 9708-06587; CA A101787 (Control) and CA A101954)

2 P.3d 388 (2000)

167 Or. App. 113

In the Matter of the Testamentary Trusts Created Under the Last Will of Charles F. Berg. TEMPLE BETH ISRAEL and Robison Jewish Home, fka Jewish Home for the Aged, Respondents, v. Charles L. FEISS, Appellant. Temple Beth Israel and Robison Jewish Home, fka Jewish Home for the Aged, Respondents, v. William J. Hutton, Personal Representative of the Estate of Forrest T. Berg, Appellant.

Court of Appeals of Oregon.

Decided May 3, 2000.


Attorney(s) appearing for the Case

Charles L. Feiss submitted the briefs pro se.

Helen Rives Pruitt, Robert D. Greaves and Meyer & Wyse LLP, Portland, submitted the briefs for appellant William J. Hutton.

Carolyn W. Miller, Sally C. Landauer, Stephen J. Klarquist, Duffy, Kekel, Jones & Bernard, LLP, Portland, and Ball Janik LLP submitted the brief for respondents Temple Beth Israel and Robison Jewish Home.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.


KISTLER, J.

Charles Berg's will established a trust for the benefit of his son. The will provides that if his son dies without issue, the assets in his son's trust will become part of another trust that the will established for the benefit of Charles' wife and daughter. Charles' son died without issue. The wife and daughter's trust, however, terminated before the son died, and the trial court held that the assets in the son's trust reverted to Charles' estate. We...

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