Owen v. Zorn Farms, Inc.

Joseph Zorn’s will established a trust for the benefit of his wife Mabel and named plaintiff as the trustee. Plaintiff brought this action to partition and sell some of the real property that is held in the trust. Defendant Zorn Farms, Inc., moved for partial summary judgment, arguing that the requested partition and sale violated both the terms of the trust and plaintiffs fiduciary duties. The trial court agreed, granted defendant’s motion, and entered judgment accordingly. See ORCP 67 B. Plaintiff appeals, and we affirm.

The real property that is the subject of plaintiffs claim is part of…