Court of Appeals of Oregon April 12, 1995, 94CV084; CA A84033 (U.S. National Bank, N.A. v. Anderson)

RIGGS, J.

In this FED action, plaintiff is the successor trustee of the testamentary trust of Fred Anderson. Verna Anderson is Fred’s widow, and lives in the Curry County residence that, under the terms of his will, is an asset of the trust. Defendants Douglas and Jason Anderson are Fred’s and Verna’s son and grandson, respectively, and they live in the residence along with Verna.