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ELMORE v. VIRGINIA NAT. BANK

Record No. 831694.

350 S.E.2d 603 (1986)

Donald S. ELMORE, et al. v. VIRGINIA NATIONAL BANK, et al.

Supreme Court of Virginia.

November 26, 1986.

Attorney(s) appearing for the Case

J. Rodney Johnson, Richmond, (D. Wayne O'Bryan, Chandler, Franklin & O'Bryan, Norfolk, on briefs), for appellants.

David R. Johnson (Julious P. Smith, Jr., William S. Smithers, Jr., Howard W. Dobbins, George A. Warthen, Alexander N. Simon, Williams, Mullen & Christian, Thompson, Savage & Smithers, Wallerstein, Goode & Dobbins, Richmond, on briefs), for appellees, Madeline E. Robison, Mary M. Tucker, Louis Elmore, Jr., Diana Chandler, Susan Williams, Robert W. Overbey, Joan S. Pusey, Mark Pusey, Kim Pusey, Jean S. Warren, Wade D. Warren, Carter Warren, and Deborah W. Snell.

No briefs or arguments for appellees, Virginia National Bank, Robin Tucker, Chris Chandler, Michelle Williams, Chad Williams, and R.A. Elmore, IV.

Present: All the Justices.

COCHRAN, Justice.

Virginia National Bank, as trustee under a 1957 spendthrift trust agreement, brought this chancery suit in the trial court seeking construction of certain provisions in the trust agreement and determination whether a 1975 attempt to modify the agreement was effective. The chancellor ruled that the trust agreement made no provision for amendment so that the 1975 attempt to modify it, without the consent of all potential beneficiaries, was ineffective...

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