Windishar v. Windishar

Respondent United States National Bank moves for reconsideration of the portion of our opinion holding that “[petitioner is entitled to attorney fees [in the trial court], from the trustee rather than the trust, under ORS 128.155.” 83 Or App at 167-68. The bank argues that, if any attorney fees are awarded, they should be assessed against the trust estate rather than the trustee individually, because (1) the relief petitioner obtained against the bank in the trial court and on appeal was modest in comparison with what she sought and reflects no culpability on the bank’s part, and (2) the…