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BROWN v. BROWN

P0103-42; A120468.

136 P.3d 745 (2006)

206 Or. App. 239

In the Matter of the Estate of Dalton Brown, Deceased. Jennifer BROWN, Personal Representative of the Estate of Dalton Brown, Deceased, Appellant, v. Lois I. BROWN, Susan Brown, Prudence Diem, Thomas Brown, and Robin Mulkey, Respondents.

Court of Appeals of Oregon.

Decided June 7, 2006.

Attorney(s) appearing for the Case

Thomas W. Sondag, Portland, argued the cause for appellant. With him on the briefs was Lane Powell Spears Lubersky LLP.

Brooks F. Cooper argued the cause for respondents. With him on the brief were Susan A. Miller and James R. Cartwright, Portland.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and DEITS, Judge pro tempore.

BREWER, C.J.

This is an appeal from a judgment awarding petitioners declaratory relief in a probate case against respondent Jennifer Brown, the personal representative of decedent Dalton Brown's estate. The trial court declared that shares of stock in a closely held corporation were not assets of decedent's estate but, rather, were the property of an express trust created in a dissolution judgment for the benefit of petitioners, who are decedent's children and his...

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