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SMITH v. MOORE

No. 9620.

343 F.2d 594 (1965)

Virginia Marrow SMITH, Eugene B. Chase, Jr., and Ferris Byard Derickson, Appellants, v. Roderick D. MOORE, sole surviving administrator, D.B.N., C.T.A., and trustee of the wills of George B. West, deceased, and Missouri P. Smith, deceased, Virginia Tabb Moore, University of Richmond, a Virginia Corporation, Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 22, 1965.

Attorney(s) appearing for the Case

F. Lee Ford, Newport News, Va., and Neill H. Alford, Jr., Charlottesville, Va. (William H. Townsend, Columbia, S. C., Lipshutz, Macey, Zusmann & Sikes, Atlanta, Ga., Townsend & Townsend, Columbia, S. C., and Ford & Avis, Newport News, Va., on brief), for appellants.

Richmond Moore, Jr., Richmond, Va. (S. W. Colonna, Colonna, Lieberman & Cutler, Newport News, Va., and Tucker, Mays, Moore & Reed, Richmond, Va., on brief), for appellees.

Before HAYNSWORTH and BOREMAN, Circuit Judges, and WINTER, District Judge.

WINTER, District Judge.

In this case, we must decide whether a trust created by the last will and testament of George B. West, as augmented by a trust created by the last will and testament of his sister, Missouri P. Smith, has failed and, if so, what is the proper disposition of the corpus thereof. The appeal is before us at the instance of the testator's surviving heirs at law, two great grandnephews and a grandniece, from a determination that no rights to possession...

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