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NATIONSBANK OF VIRGINIA v. ESTATE OF GRANDY

Record No. 931745.

450 S.E.2d 140 (1994)

NATIONSBANK OF VIRGINIA, N.A. v. ESTATE OF Ann L. GRANDY, Incapacitated.

Supreme Court of Virginia.

November 4, 1994.

Attorney(s) appearing for the Case

Robert W. McFarland, Norfolk (Jerry L. Bowman, E. Duncan Getchell, Jr., Charles G. Meyer, III, McGuire, Woods, Battle & Boothe, on briefs), for appellant.

Judith L. Rosenblatt, Virginia Beach (Geroe & Rosenblatt, on brief), for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, WHITING, LACY and HASSELL, JJ., and POFF, Senior Justice.

LACY, Justice.

In this case, we consider whether the trial court improperly substituted its judgment for that of a testamentary trustee by ordering the invasion of trust principal to satisfy the debts of an incapacitated beneficiary with substantial personal assets.

Ann Lawrence Grandy, age 59, suffers from a chronic paranoid schizophrenic illness. Through a court order entered in February 1993, a guardian for Ms...

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