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SCHMIDT v. WACHOVIA BANK

Record No. 050353.

624 S.E.2d 34 (2006)

271 Va. 20

William C. SCHMIDT, III, et al. v. WACHOVIA BANK, National Association, Trustee, Etc., et al.

Supreme Court of Virginia.

January 13, 2006.

Attorney(s) appearing for the Case

Samuel W. Meekins, Jr. (Neil L. Rose; David M. Bastiaans; Wolcott Rivers Gates, on briefs), Virginia Beach, for appellants.

Carter R. Brothers; Meredith L. Yoder, Williamsburg (Olin R. Melchionna, Jr.; Paul M. Black, Roanoke; Michael S. Ewing; William C. Wood; Robert E. Henley, III, Richmond; Ashley P. Harris; Melchionna, Terry, Day, Ammar & Black; Baltzli, Wood & Stiles; Parker, Pollard & Brown, on briefs), for appellees.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and STEPHENSON, S.J.

LACY, Justice.

In this appeal, we decide whether any language in the wills of William C. Schmidt (Mr. Schmidt) and Wilhemine B. Schmidt (Mrs. Schmidt) (collectively "the Testators") indicated a clear intent to delay vesting of remainder interests in the trusts created by the wills.

I.

The parties stipulated to the facts. Mrs. Schmidt died testate on July 24, 1951, survived by Mr. Schmidt, her husband, and by her two children, Louise A. Schmidt (Louise...

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