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SCHMIDT v. HART

070390315; A138092.

241 P.3d 329 (2010)

237 Or. App. 412

Tricia SCHMIDT, Appellant, v. Richard L. HART, individually and as Trustee of the Woodrow Wilson Revocable Living Trust, Woodrow and Hazel Wilson Foundation, an Oregon non-profit corporation, and Lents Lodge No. 156 A.F. and A.M., an Oregon non-profit corporation, Respondents.

Court of Appeals of Oregon.

Decided September 29, 2010.

Attorney(s) appearing for the Case

Lindsey H. Hughes , Portland, argued the cause for appellant. With her on the briefs were Kevin M. Glynn and Keating Jones Hughes PC.

Craig R. Berne , Lake Oswego, argued the cause for respondent Richard L. Hart. With him on the brief was Harris Berne Christensen LLP.

No appearance for respondents Woodrow and Hazel Wilson Foundation and Lents Lodge No. 156 A.F. and A.M.

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

LANDAU, P.J.

Plaintiff Tricia Schmidt was the beneficiary of a trust, the terms of which permit her to reside in an apartment for the rest of her life, unless she no longer chooses to live there. Defendant Richard Hart, the trustee,1 initiated an action against plaintiff for Forcible Entry and Wrongful Detainer (FED) when he received information that led him to believe that she had moved out of the apartment. The FED court agreed with...

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