HEMPHILL v. AUKAMP

No. 14709.

264 S.E.2d 163 (1980)

Mark HEMPHILL et al., etc. v. Don AUKAMP et al., etc.

Supreme Court of Appeals of West Virginia.

March 25, 1980.


Attorney(s) appearing for the Case

Phillip O. North, Charleston, for appellants.

Elmer H. Dodson, Love, Wise, Robinson & Woodroe, W. M. Woodroe and John O. Kizer, Charleston, for appellees.


MILLER, Justice:

In this appeal from the Circuit Court of Kanawha County we are asked to determine whether an inter vivos trust agreement created a single trust or multiple trusts. The Circuit Court held the trust instrument created a single trust, and we agree.

In 1937 the settlor, Mrs. Margaret R. North, created a trust agreement with the provisions that she receive the trust income for life and that at her death, her three named sons would receive the income...

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