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BERRY v. UNION NAT. BANK

No. 14054.

262 S.E.2d 766 (1980)

Josephine H. BERRY, Exec., etc. v. The UNION NATIONAL BANK, etc. et al.

Supreme Court of Appeals of West Virginia.

February 5, 1980.

Attorney(s) appearing for the Case

Berry, Waters, Spelsberg & Warner and Boyd L. Warner, Clarksburg, for appellant.

Steptoe & Johnson and Ernest C. Swiger, Clarksburg, for appellees, Union Nat. Bank.

McNeer, Highland & McMunn and C. David McMunn, Clarksburg, for Clayton, et al.

Francis L. Warder, Jr., Clarksburg, for Corsini, et al.

Jones, Williams, West & Jones and John S. Kaull, Clarksburg, for Morris, et al.

HARSHBARGER, Justice:

This case presents the issue whether a private testamentary trust which violates the rule against perpetuities should be modified to effectuate a testatrix' intent or should fail.

Clara Clayton Post died on June 20, 1975, in Harrison County. Her will and codicil were admitted to probate on June 23, 1975, at which time Josephine H. Berry, appellant, qualified as executrix. After a series of...

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