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filed by or on behalf of the estate. Decedent is survived by his
two children, Michael A. Harper (Michael) and Lynn H. Factor
(Lynn). Decedent’s wife, Ruth Harper, died in 1988. Michael
serves as executor of the estate and provided a mailing address
in Lake Oswego, Oregon, at the time the petition in this case was
filed.
Decedent was born on September 1, 1908, in Cincinnati, Ohio.
He later attended law school, graduating in 1931, and began
practicing law in Chicago. His practice initially specialized in
corporate and “political” law and subsequently expanded to
include bankruptcy, tax, real estate, and wills and trusts law.
After World War II, decedent and his family moved to California
where decedent continued his legal practice, focusing in
particular on the entertainment industry. Decedent was a member
of the California bar from 1946 until his death. Decedent was
diagnosed with prostate cancer in 1983 and with cancer of the
rectum in 1989.
On December 18, 1990, decedent created a revocable living
trust entitled the Morton B. Harper Trust (the Trust). The trust
instrument designated decedent as the original trustee and as the
initial primary beneficiary. The document further provided:
“During the lifetime of the Trustor, the Trustee, in Trustee’s
sole discretion may pay or apply the net income and/or corpus, or
so much as Trustee chooses, to or for the benefit of the
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