EMMERT v. OLD NAT. BANK OF MARTINSBURG

No. 13812.

246 S.E.2d 236 (1978)

Frank S. EMMERT v. The OLD NATIONAL BANK OF MARTINSBURG, etc., et al.

Supreme Court of Appeals of West Virginia.

July 11, 1978.


Attorney(s) appearing for the Case

Loy, Shingleton & Caryl, Michael E. Caryl, Martinsburg, for appellant.

Rice, Hannis & Douglas, Lacy I. Rice, Jr., and Charles F. Printz, Jr., Martinsburg, for appellees.


NEELY, Justice:

This appeal concerns a trustee's exercise of discretionary powers granted by a trust instrument. The appellant, Frank S. Emmert, is an income beneficiary of a testamentary trust established by the will of his father, Allen R. Emmert. He claims to be in necessitous circumstances and argues that, under the terms of the trust, the trustee, The Old National Bank of Martinsburg, must invade the trust corpus to...

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