Rose v. O'Reilly

Plaintiffs, the wife and daughter of the trustor, appeal an order appointing respondent O’Reilly as successor trustee of two testamentary trusts. They assign error to the probate court’s holding that daughter could not serve as trustee, because she was also a beneficiary of the same trusts. We reverse.

The trustor’s will named the daughter as the successor trustee. After the original trustees resigned, the probate court refused to appoint her. The sole reason given for disqualifying her was that the same person cannot be both a beneficiary and a trustee. Oregon case law is clear that a person…