Conveyancing and Recording

ORS 93.210
Presumption respecting deed from trustee of undisclosed beneficiary

If a deed to real estate has been made to a grantee in trust or designating the grantee as trustee, and no beneficiary is indicated or named in the deed, a deed thereafter executed by such grantee conveying the property is presumed to have been executed with full right and authority and conveys prima facie title to the property. The grantee in the last-mentioned deed is under no duty whatsoever to see to the application of the purchase price. If the last-mentioned deed is recorded after June 7, 1937, after five years from its recording or, if it was recorded prior to June 7, 1937, then after June 7, 1942, the presumption is conclusive as to any undisclosed beneficiary and the title to the real estate, based upon the last-mentioned deed, shall not be called in question by any one claiming as beneficiary under the first-mentioned deed.

Notes of Decisions

Ability of trustee to convey valid title free from threat of later challenge by undisclosed trust beneficiaries does not mean that title to property was held by trustee in personal capacity. Erskine v. Elliott, 140 Or App 500, 916 P2d 319 (1996)


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May 30, 2023