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COOK v. BRATENG

No. 39463-4-II.

262 P.3d 1228 (2010)

158 Wash.App. 777

John E. COOK, a married man, Respondent, v. A. Diane BRATENG, a widow concerning her interest in realty subject to partition action, and A. Diane Brateng, as Successor Sole Trustee of the Elmer J. Cook Living Trust, Appellant.

Court of Appeals of Washington, Division 2.

Publication Ordered December 6, 2010.

Attorney(s) appearing for the Case

James Dewitt McBride II , Julin & McBride PS, Redmond, WA, for Appellant.

David Allen Nelson , Nelson Law Firm PLLC, Longview, WA, for Respondent.

BRIDGEWATER, P.J.

¶ 1 A. Diane Brateng appeals the trial court's division of Elmer Cook's trust property. We hold that Diane,1 who was both a beneficiary and trustee of Elmer's trust, did not breach her fiduciary duties when she: (1) did not inform John Cook, her brother and also a beneficiary of Elmer's trust, that she decided to claim and defer charges against Elmer's estate for providing...

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