BALLARD v. McCOY

Record No. 930746.

443 S.E.2d 146 (1994)

Jennings E. BALLARD, et al. v. Wendell L. McCOY, et al.

Supreme Court of Virginia.

April 15, 1994.


Attorney(s) appearing for the Case

John S. Edwards, Roanoke, for appellants.

Jay A. Price, Blacksburg, for appellees.

Present: All the Justices.


KEENAN, Justice.

In this appeal involving a claim against an estate for trustee fees, the dispositive issue is whether the decedent had established the inter vivos trust on which the claim for fees is based.

Herbert H. Ballard (Ballard) died testate on March 6, 1990, three days after the death of his wife, Clotilde Ballard. On October 3, 1990, Brian T. Scheid, Assistant Commissioner of Accounts for Giles County, held a hearing to receive proof of debts...

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