GOODWILL INDUSTRIES v. U.S. BANK

52-03-06100; A122401.

103 P.3d 1165 (2004)

196 Or. App. 556

In the Matter of the Estate of Opal Baron, deceased. GOODWILL INDUSTRIES, Appellant, v. U.S. BANK, Trustee of the Opal Baron Trust; Scott Delay, Attorney in fact for Juanita Anderson; Bobbie Neal Hood; Sharon Louise Hood Wilken; Sarah Lou Hood Pruitt; and Weldon Floyd Hood, Respondents.

Court of Appeals of Oregon.

Decided December 15, 2004.


Attorney(s) appearing for the Case

James E. Mountain, Jr., Portland, argued the cause for appellant. With him on the opening brief were William F. Gary and Harrang Long Gary Rudnick, P.C., Eugene. On the reply brief was Douglas S. Chiapuzio.

Joel S. DeVore, Eugene, argued the cause for respondent U.S. Bank. With him on the brief were Varner Jay Johns, III and Luvaas Cobb.

Marc D. Perrin, Eugene, argued the cause and filed the brief for respondent Scott Delay.

No appearance for respondents Bobbie Neal Hood, Sharon Louise Hood Wilken, Sarah Lou Hood Pruitt, and Weldon Floyd Hood.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and BEARDEN, Judge pro tempore.


BREWER, C.J.

Goodwill Industries, Inc. (Goodwill), appeals from a final order of the trial court in a proceeding under ORS 128.135(2)(c).1 In that proceeding, U.S. Bank (trustee), as trustee of the Opal Baron Trust (the trust), petitioned the circuit court for an order interpreting a trust, declaring the rights of beneficiaries, and authorizing the trustee to make final distribution of the trust. We affirm.

We review de novo...

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