Chapter 128

128.009

See annotations under ORS 130.725.

128.125

NOTE: Repealed as of January 1, 2006

NOTES OF DECISIONS

Trustee is required by this section to provide statements concerning trusts to beneficiary upon her request notwithstanding fact that beneficiary is under guardianship. Windishar v. Windishar, 83 Or App 162, 731 P2d 445 (1986)

128.135

NOTE: Repealed as of January 1, 2006

NOTES OF DECISIONS

Court had no authority under this section to approve agreement to modify trust to insure that mentally retarded beneficiary’s public assistance benefits would not be jeopardized upon trust’s distribution. In re Harrell, 104 Or App 332, 801 P2d 852 (1990), Sup Ct review denied

128.155

NOTE: Repealed as of January 1, 2006

NOTES OF DECISIONS

“Reasonable attorney fee” is that portion of total attorney fee necessary to success actually achieved by prevailing party. Freedland v. Trebes, 162 Or App 374, 986 P2d 630 (1999)

128.575

NOTES OF DECISIONS

Where business trust has not complied with filing requirements of this section, trustees do not qualify for immunity from liability for trust obligations under ORS 128.585. Hausam v. Ticor Title Ins. Co., 99 Or App 533, 783 P2d 39 (1989)

128.580

NOTES OF DECISIONS

Business trust must be represented by attorney, notwithstanding any contrary provisions in Declaration of Trust. Marguerite E. Wright Trust v. Department of Revenue, 297 Or 533, 685 P2d 418 (1984)

128.585

NOTES OF DECISIONS

Where business trust has not complied with filing requirements of ORS 128.575, trustees do not qualify for immunity from liability for trust obligations under this section. Hausam v. Ticor Title Ins. Co., 99 Or App 533, 783 P2d 39 (1989)