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KERR v. BAUER

CV030231; A153944.

373 P.3d 1263 (2016)

278 Or. App. 224

Bryan KERR and Kerwin Kerr, Plaintiffs-Appellants, v. Donald R. BAUER, Trustee of The Kerr Homestead Trust, Defendant-Respondent, and J.M. Kerr, Trustee of The Kerr Homestead Trust, Defendant-Appellant, and Kerwin D. Kerr, Sr., Deceased, Defendant below.

Court of Appeals of Oregon.

Decided May 11, 2016.

Attorney(s) appearing for the Case

Thomas H. Anderson , McMinnville, argued the cause for appellants. With him on the joint briefs were Thomas H. Anderson, P.C., Joseph A. Yazbeck , and Yazbeck Cloran & Bowser, P.C.

Thomas C. Tankersley , McMinnville, argued the cause for respondent. With him on the brief were Joseph M. Strunk and Tankersley , Wright & Strunk, LLC.

Before SERCOMBE, Presiding Judge, and HADLOCK, Chief Judge, and TOOKEY, Judge.

In 1956, Sylva Kerr deeded property in trust to two of her children for the benefit of all of her descendents. That deed was inconsistent with the common-law rule against perpetuities. The trustees attempted to reconvey the property to Kerr by deed. Kerr then deeded the property outright...

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