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IN RE ORPHEUS TRUST

No. 46411.

179 P.3d 562 (2008)

In the Matter of the ORPHEUS TRUST. Whittier Trust Company of Nevada, Special Trustee of the Orpheus Trust, Appellant, v. Andrew R. Getty, Respondent.

Supreme Court of Nevada.

March 27, 2008.

Attorney(s) appearing for the Case

Lewis & Roca, LLP, and Daniel F. Polsenberg, Las Vegas; Prezant & Mollath and William A. Prezant, Reno; Sideman & Bancroft, LLP, and Richard J. Sideman and Robert L. Leberman, San Francisco, CA, for Appellant.

Morris Pickering Peterson & Trachok and William E. Peterson, Reno, for Respondent.

BEFORE THE COURT EN BANC.

OPINION

PER CURIAM:

In this appeal, we examine a question of first impression under Nevada law: whether a special trustee's power, under NRS 164.795, to adjust amounts of trust income and principal distributed to a trust income beneficiary and the trust corpus may be exercised with respect to principal and income accrued before the special trustee's appointment. Because the power to adjust is a corrective power, we conclude that, at a minimum, a special...

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