Holst v. Purdy

This is an appeal from an order of the probate court refusing to grant appellant’s motion to remove respondent as personal representative of his mother’s estate and as trustee for inter vivos and testamentary trusts established by his mother on behalf of his niece. Appellant’s motion was based on allegations of self-dealing and conflict of interest. We review de novo, ORS 128.165, ORS 19.010(4), and agree with the probate court that the evidence does not justify removal of the personal representative. We begin our analysis with a summary of the complicated facts.

In September, 1985, Maurice…