Willamette Law Online

Oregon Court of Appeals


Frakes v. Nay

Summarized by: 

Date Filed: 12-14-2011
Case #: A140655
Armstrong, P.J. for the Court; Wollheim, J.; & Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A140655.pdf

Trusts and Estates: If a court finds that there is no genuine issue of material fact concerning a trust settlor’s intent regarding how many distributions are to be made to individual beneficiaries, summary judgment is proper.

Frakes is a beneficiary of the Saling Family Trust (the trust). The trial court found that Frakes was entitled to two distributions from the trust, rather than three distributions as he claimed. On appeal, Nay, the trustee, offered evidence that the settlors of the trust intended only two distributions; and Frakes offered no evidence to contradict this argument. The Court of Appeals held that because there was no genuine issue of material fact in the dispute, the trial court correctly granted summary judgment in favor of Nay. Affirmed.