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FRAZER v. MILLINGTON

Record No. 952115.

475 S.E.2d 811 (1996)

252 Va. 195

Dan L. FRAZER v. Austin Linwood MILLINGTON, etc., et al.

Supreme Court of Virginia.

September 13, 1996.

Attorney(s) appearing for the Case

Robert E. Ormiston, San Francisco, CA (John A.C. Keith; Elizabeth Chichester Morrogh; Blankingship & Keith, Fairfax, on briefs), for Appellant.

John F. Boland, Vienna (Susan R. Salen; Rees, Broome & Diaz, on Brief), for Appellees.

Present: All the Justices.

LACY, Justice.

This appeal involves issues relating to the exercise of a special testamentary power of appointment contained in a trust agreement and to a management/co-ownership agreement executed between beneficiaries of the trust.

Mildred W. Frazer executed a will and a Trust Agreement in 1984 which provided that all her property be placed into the Mildred W. Frazer Trust (the Trust) at her death. The Trust was a discretionary trust to be administered for...

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