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BOROUGH v. CALDWELL

A171075.

497 P.3d 1260 (2021)

314 Or. App. 48

Cara Lee BOROUGH and Loren M. Caldwell, Plaintiffs-Appellants, v. Betty H. CALDWELL, AS TRUSTEE OF the LOREN M. CALDWELL TRUST; Betty Caldwell, an individual; Cody Duerst, an individual; and Sophia Duerst, an individual, Defendants-Respondents.

Court of Appeals of Oregon.

August 18, 2021.

Attorney(s) appearing for the Case

Matthew J. Kalmanson , Portland, argued the cause for appellants. Also on the briefs was Hart Wagner LLP.

J. Kevin Shuba , Salem, argued the cause for respondent Betty H. Caldwell, as Trustee, and respondent Betty Caldwell, individually. Also on the brief were Shayna M. Rogers and Garrett Hemann Robertson P.C.

Elena M. Farley , Salem, argued the cause for respondents Cody Duerst and Sophia Duerst. Also on the brief was Martinis & Hill.

Before Armstrong, Presiding Judge, and Aoyagi, Judge, and Sercombe, Senior Judge.

This is a declaratory judgment action related to an option to purchase real property. Under the terms of a trust, Betty Caldwell has the right to live on certain real property in Silverton for life. If she chooses to leave the property and it is sold during her lifetime, the proceeds are to...

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