MATTER OF FENNER REVOCABLE LIVING TRUST

A158787.

405 P.3d 159 (2017)

288 Or.App. 540

In the Matter of the John B. Fenner Revocable Living Trust, u/a/d August 5, 1998. Roberta L. FENNER, in her capacity as a beneficiary of the John B. Fenner Revocable Living Trust, u/a/d August 5, 1998, Appellant, v. Hillary H. FENNER, in her capacity as a beneficiary of the John B. Fenner Revocable Living Trust, u/a/d August 5, 1998; Robert Dorszynski, in his capacity as Trustee of the John B. Fenner Revocable Living Trust, u/a/d August 5, 1998; Grace Hartwick Fenner, in her capacity as a beneficiary of the John B. Fenner Revocable Living Trust, u/a/d August 5, 1998; and John Buhl Fenner, in his capacity as a beneficiary of the John B. Fenner Revocable Living Trust, u/a/d August 5, 1998, Respondents.

Court of Appeals of Oregon.

November 1, 2017.


Attorney(s) appearing for the Case

Matthew Whitman argued the cause and filed the briefs for appellant.

Jan K. Kitchel argued the cause for respondent Hillary H. Fenner. With him on the brief was Cable Huston LLP.

No appearance for respondents Robert Dorszynski, Grace Hartwick Fenner, and John Buhl Fenner.

Before Armstrong, Presiding Judge, and Egan, Judge, and Shorr, Judge.


Roberta Fenner appeals a limited judgment dismissing her petition for declaratory relief that she filed in the probate case involving her father's trust. Roberta sought a declaration that her sister, Hillary Fenner, had forfeited her interest in their father's trust under the trust's no-contest clause by filing a petition that included...

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