FRAKES v. NAY

050707686; A138032.

295 P.3d 94 (2012)

254 Or. App. 236

Jon FRAKES, Personal Representative of the Estate of Raymond J. Frakes, Deceased, Plaintiff-Respondent, Cross-Appellant, v. Tim NAY, in his capacity as successor trustee of the Saling Family Revocable Trust, and individually, Defendant-Appellant, Cross-Respondent.

Court of Appeals of Oregon.

Decided December 19, 2012.


Attorney(s) appearing for the Case

Matthew Whitman argued the cause for appellant Tim Nay in his capacity as successor trustee of the Saling Family Revocable Living Trust. With him on the brief were James R. Cartwright and Cartwright and Associates.

Lee Aronson , Portland, argued the cause for cross-respondent Tim Nay individually. With him on the brief were Michael J. Fearl , and Schulte, Anderson, Downes, Aronson, & Bittner, P.C. With them on the reply brief were Matthew Whitman and Cartwright, Whitman, Baer, P.C.

Andrew T. Reilly , Portland, argued the cause for respondent-cross-appellant. With him on the briefs were Alexander A. Wheatley and Black Helterline LLP.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


SCHUMAN, P.J.

This case arises from estate planning that Nay, an attorney, performed for Carol and Velma Saling, and from the administration of the resulting Saling Family Trust. After the Salings died, Raymond Frakes, one of the beneficiaries of the trust, filed an action against Nay, who also served as trustee, for inspection of Nay's estate-planning files, for an accounting, and for reimbursement of expenses that Frakes had incurred on behalf of Velma Saling. Frakes...

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