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OWEN v. ZORN FARMS, INC.

No. 98C-12114; A112538.

62 P.3d 854 (2003)

186 Or. App. 199

Glenn Thomas OWEN, Personal Representative of the Estate of Catherine Zorn, Plaintiff, and Glenn Thomas Owen, Trustee of the Joseph Zorn Trust u/w/d/ 11/27/89, Appellant, v. ZORN FARMS, INC., an Oregon corporation, Respondent, and Christine Owen; Anne Unterbrink; Ann Plienis; Margaret Grace; Glenn Joseph Owen; Kelly Farms, Inc., an Oregon corporation, leaseholder; Mabel Zorn; Mark Apperette; and Ernst Nursery & Farm, LLC., an Oregon limited liability company, Defendants.

Court of Appeals of Oregon.

Decided February 5, 2003.

Attorney(s) appearing for the Case

Timothy R. Volpert, Portland, argued the cause for appellant. With him on the briefs were Mark J. Hackett and Davis Wright Tremaine LLP.

George W. McKallip, Jr., Portland, argued the cause for respondent. With him on the brief was Sussman Shank, LLP.

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

KISTLER, J.

Joseph Zorn's will established a trust for the benefit of his wife Mabel and named plaintiff as the trustee.1 Plaintiff brought this action to partition and sell some of the real property that is held in the trust. Defendant Zorn Farms, Inc., moved for partial summary judgment, arguing that the requested partition and sale violated both the terms of the trust and plaintiff's fiduciary duties. The trial court agreed, granted...

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