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HOWARD v. HOWARD

CV 03-0066; A123335.

156 P.3d 89 (2007)

211 Or. App. 557

In the Matter of the Trust of Leo L. Howard, Deceased. Coy HOWARD, Co-Trustee (former) and Remainder Beneficiary, Appellant, v. Marcene A. HOWARD, Co-Trustee (former) and Income Beneficiary, Respondent.

Court of Appeals of Oregon.

Decided March 28, 2007.

Attorney(s) appearing for the Case

Stephen L. Griffith, Portland, argued the cause for appellant. With him on the briefs were Charles F. Adams, Portland, and Stoel Rives LLP.

G. Frank Hammond, Portland, argued the cause for respondent. With him on the brief were David K. McAdams, Lindsay R. Kandra, Portland, and Cable Huston Benedict Haagensen & Lloyd LLP.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

ORTEGA, J.

This appeal arises from a dispute between the income beneficiary and a remainder beneficiary of trusts established by the late Leo Howard. Marcene Howard, the income beneficiary for life, is Leo's widow; Coy Howard, the remainder beneficiary, is Leo's son.1 Coy contends that the trial court erred by instructing the trustee not to consider Marcene's other assets in administering and making...

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