Generaux v. Dobyns

This case concerns the attempted rescission of the Mary C. Dobyns Irrevocable Trust by petitioner, Mary C. Dobyns, who is both the trustor and a beneficiary of the trust. Petitioner sought rescission on the basis of an asserted mistake of law, namely, that the creation of the trust would result in tax savings to her estate. Beneficiaries objected. The trial court entered a judgment rescinding the trust, and beneficiaries appeal. On de novo review, ORS 19.415(3), we affirm.

The pertinent facts are undisputed. Petitioner created the trust in 1995. By its terms, the trust provided that…