(Download) "Mcculloch v. United States National Bank of Portland" by Supreme Court of Oregon * Book PDF Kindle ePub Free
eBook details
- Title: Mcculloch v. United States National Bank of Portland
- Author : Supreme Court of Oregon
- Release Date : January 31, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
LUSK, Justice. The plaintiff brought this suit to obtain a decree construing a testamentary trust contained in the will of Florence J. McCulloch, deceased. The deceased was the wife of plaintiff and he is the executor under her will. By his complaint the plaintiff prayed that his duties as executor be declared, and in particular that the trust be decreed to be void as in violation of the rule against perpetuities. The case was filed in the Circuit Court for Multnomah County. The defendant, the United States National Bank of Portland (Oregon), to which we shall hereafter refer as the Bank, was named as trustee of the trust established by the will. The Bank demurred to the complaint on the ground that the court had no jurisdiction of the subject of the action. The court below sustained the demurrer. The plaintiff declined to amend, and judgment of dismissal was entered from which the plaintiff has appealed.