SAMUEL v. KING

00-CV-0581-MA; A117464.

64 P.3d 1206 (2003)

186 Or. App. 684

Paula SAMUEL, Appellant, v. Pamela V. KING, individually, and Pamela V. King, as Personal Representative of the Estate of Jack Boyd Peterson, Deceased, Respondent.

Court of Appeals of Oregon.

Decided March 13, 2003.


Attorney(s) appearing for the Case

Lawrence W. Erwin, Bend, argued the cause and filed the briefs for appellant.

Charles N. Fadeley, Sisters, argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.


HASELTON, P.J.

Plaintiff appeals from a declaratory judgment concerning the existence of, and assets subject to, a trust created by her father, Jack Peterson, for the benefit of himself and his daughters—plaintiff and her sister, who is defendant in this action. Plaintiff argues that the trial court erred in relying on extrinsic evidence to conclude that certain titled assets were never a part of the trust, and also in awarding defendant prevailing party fees...

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