Allen Trust Co. v. Cowlitz Bank

Allen Trust Company (Allen Trust) appeals from a summary judgment in favor of Ronald W. Harriman that required Allen Trust to repay fees that it had taken during the period that it purported to act as the trustee of the Ronald W. and Jean A. Harriman Irrevocable Living Trust (the trust). We reverse in part.

Because the trial court granted Ronald’s motion for summary judgment, we state the facts most favorably to Allen Trust, drawing all inferences in its favor. See ORCP 47 C; Schaff v. Ray’s Land & Sea Food Co., Inc., 334 Or 94, 98-99, 45 P3d 936 (2002). The relevant facts include those that…