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McGEHEE v. EDWARDS

No. 031595.

597 S.E.2d 99 (2004)

268 Va. 15

William Charles McGEHEE, et al. v. H. Robert EDWARDS, et al.

Supreme Court of Virginia.

June 10, 2004.

Attorney(s) appearing for the Case

Robert T. Mitchell, Jr. (Hall, Monahan, Engle, Mahan & Mitchell, on briefs), Winchester, for appellants.

James A. Drown, Winchester (Larrick, Larrick & Drown, on brief), guardian ad litem for any adopted persons who might be beneficiaries.

No brief or argument for appellees H. Robert Edwards, Trustee, E.E. Laird, Jr., Trustee, Amy Patten Davis, the unrepresented appellees, or any other potential beneficiaries.

Present: All the Justices.

LACY, Justice.

In this appeal, we consider whether the term "direct lineal descendants" used in certain inter vivos trusts created prior to 1978 includes adopted persons.

In 1929, 1930, and 1931, the seven children of Dr. and Mrs. Montfort Jones established eleven inter vivos trusts (the Jones Family Trusts). Each trust created a class of beneficiaries described as "direct lineal descendants" of either the grantor's parents, the grantor's brothers...

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