GEE v. GIBBS

No. CC902.

253 S.E.2d 140 (1979)

William S. GEE v. Edward Stone GIBBS.

Supreme Court of Appeals of West Virginia.

March 27, 1979.


Attorney(s) appearing for the Case

Keefer, McKay & Honecker, E. Douglas McKay, Wheeling, for plaintiff.

Phillips, Holden, Marshall & Gardill, George S. Hazlett, Wheeling, for defendant.


McGRAW, Justice:

This case, properly before this Court on certified question by the joint application of the parties pursuant to W.Va.Code § 58-5-2, involves two limited and narrow questions of law which emanate from the following trust provision:

This Trust shall terminate upon the death of the said Joan S. Gibbs, at which time the principal and any undisturbed income from the Trust Estate shall be distributed in equal shares to the four Settlors [including...

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