Smith v. Brannan

Petitioner1 Smith brought a petition seeking instructions, ORS 128.135(2)(c),2 as to the disposition of the assets of the C. A. Dillinger marital and residual trusts. Respondent Brannan appeals from the court’s determination that the assets are to be distributed to petitioner and respondent. On de novo review, ORS 19.415(3), we affirm.

In December 1978, Chester Dillinger and Doris Dillinger, husband and wife, each executed a will. Chester’s will established marital and residual trusts and gave Doris a general power of appointment over the assets of the marital trust. In her will, Doris…