Opinion
A8407-04448; CA A41367, A8407-04139; CA A41367, A8407-04366; CA A44881 (Cases Consolidated for Reconsideration)
On Linda Masters', David Bissett's, Stephen Bissett's and Christina Bissett's petition for reconsideration filed May 9, 1990
Petition for reconsideration allowed, former opinion ( 101 Or. App. 163, 790 P.2d 16) modified and adhered to as modified June 27 1990 Larry Bissett's, Nancy Bissett's and Bissett Bissett Ltd.'s petition for reconsideration filed August 15 1990 Motion to dismiss petition filed August 15 1990 Allowed October 3, 1990 Larry Bissett's, Nancy Bissett's and Bissett Bissett Ltd.'s petition for review denied November 6, 1990 Linda Masters', David Bissett's, Stephen Bissett's and Christina Bissett's petition for review denied January 15, 1991
Appeal from Circuit Court, Multnomah County.
William S. McLennan, Judge.
Michael J. Morris and Bennett Durham, Portland, for petition.
No appearance contra.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
BUTTLER, P.J.
Petition for reconsideration allowed; former opinion modified and adhered to as modified.
In their petition for review, which we treat as a petition for reconsideration, ORAP 9.15, grandchildren contend that they had standing to claim damages for diminution of their grandmother's estate by excessive and improper expenses incurred by defendant trustee in what is referred to by the parties as the "Anderson matter." In a footnote, we stated that that contention was neither pleaded nor litigated in the trial court. Masters v. Bissett (A41367)(A44881), 101 Or. App. 163, 174 n 8, 790 P.2d 16 (1990). On reconsideration, we conclude that the issue appears to have been litigated in the trial court.
For purposes of this opinion, we assume, without deciding, that grandchildren have standing. However, they have no right to relief, because their grandmother was a party to the lawsuit against Anderson, and whatever reduction to her estate that occurred as a result of the expenses incurred in the Anderson matter was with her consent and participation.
Petition for reconsideration allowed; former opinion modified and adhered to as modified.