John Bernard ROGERSON
v.
WHEELING DOLLAR SAVINGS AND TRUST CO., etc. and Brooks Rogerson, et al.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
March 9, 1976.
March 9, 1976.
Attorney(s) appearing for the Case
G. Charles Hughes, Guardian ad litem, Raymond R. Hyre, Frederick E. Gardner, Rickey, Chase, Chase & Hyre, Moundsville, for appellants.
Elba Gillenwater, Jr., Guardian ad litem, Galbraith, Seibert & Kasserman, Wheeling, for unknown issue of Den Rogerson, and others, appellees.
Jeffrey L. Miles, Wheeling, for Orville Rogerson, Jr., and others, appellees.
Don A. Barr, Moundsville, for John Rogerson, and others, Grandchildren of Arch Rogerson, appellees.
Arch W. Riley, Greg L. Cooey, Riley & Yahn, Wheeling, for John Bernard Rogerson, appellee.
Ray A. Byrd, Wheeling, for Wheeling Dollar and H. S. Hutzell, trustee defendants.
Landers P. Bonenberger, Wheeling, for Admr., Estate of Virginia Boatwright.
Supreme Court of Appeals of West Virginia.
NEELY, Justice:
This is an appeal concerning the construction of the will of one Thomas L. Rogerson. The Circuit Court of Marshall County held that (1) the trust created by the testator did not become a "dry" or "passive" trust at the death of the last life beneficiary entitling the remaindermen to immediate distribution of the trust estate, (2) the trustees have no right to...
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