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STEEP v. FOSTER

Record No. 990404.

524 S.E.2d 866 (2000)

259 Va. 210

Gail STEPP, et al. v. James A. FOSTER, et al.

Supreme Court of Virginia.

January 14, 2000.

Attorney(s) appearing for the Case

J. Jonathan Schraub (Robert E. Draim, Alexandria, Schraub & Company, on briefs), for appellants.

Matthew A. Clary III (Holland & Knight, on brief), Falls Church, for appellees James A. Foster, Marvin E. Lear and Carolann M. Wright, Trustees.

Edward J. Tolchin (Fettmann, Tolchin & Majors), Fairfax, for appellees Belmont Bay Community Association, Inc., Michael Polifko, George E. Arnold, Nancy L. Arnold, Thomas G. Goeller and Frits Vandenberg.

Present: All the Justices.

KOONTZ, Justice.

In this appeal, the principal issue we consider is whether the trustees of a trust who successfully defended an action by beneficiaries of the trust are entitled to recover an award of attorney's fees and expenses from the beneficiaries rather than from the trust corpus.

BACKGROUND

The Belmont Park Estates subdivision was created by recorded plat in 1956 and consists of 140 residential lots located in Fairfax County. Marketing of...

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