Bigsby v. Vogel

This is an appeal from a judgment of final distribution arising out of a probate proceeding involving the estate of Maxine Vogel (the decedent). The probate court determined that certain assets retained by the estate were personal property and, consequently, ordered that they be distributed to respondent, the decedent’s husband and the residual beneficiary under her will. Appellants, the decedent’s three children, argue that, under the Uniform Principal and Income Act (UPIA), ORS chapter 129, the assets should have been allocated as principal to a testamentary trust that was created by…