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GENERAUX v. DOBYNS

52-03-00464; A121734.

134 P.3d 983 (2006)

205 Or. App. 183

In the Matter of the Mary C. Dobyns Irrevocable Living Trust under Agreement dated July 31, 1995, between Mary C. Dobyns as Trustor and Joseph A. English as Trustee. Dorothy GENERAUX, Sharon Kalister, Sandra Kalister, and Scott Kalister, Appellants, v. Mary C. DOBYNS, Respondent.

Court of Appeals of Oregon.

Decided April 26, 2006.

Attorney(s) appearing for the Case

Barry Adamson argued the cause for appellants. With him on the brief were Ron Greenen and Greenen & Greenen, PLLC.

Judith A. Giers argued the cause for respondent. With her on the brief were K. Patrick Neill, Arthur J. Clark, and Hershner, Hunter, Andrews, Neill & Smith, LLP.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ORTEGA, Judge.

BREWER, C.J.

This case concerns the attempted rescission of the Mary C. Dobyns Irrevocable Trust by petitioner, Mary C. Dobyns, who is both the trustor and a beneficiary of the trust. Petitioner sought rescission on the basis of an asserted mistake of law, namely, that the creation of the trust would result in tax savings to her estate. Beneficiaries objected.1 The trial court entered a judgment rescinding the trust, and beneficiaries...

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