HARBOUR v. SUNTRUST BANK

Record No. 082023.

685 S.E.2d 838 (2009)

Steven HARBOUR, et al. v. SUNTRUST BANK, et al.

Supreme Court of Virginia.

November 5, 2009.


Attorney(s) appearing for the Case

Philip V. Anderson (Carolyn N. Dietz, Roanoke; Martin F. Clark; Frith Anderson & Peake, on briefs), for appellants.

No brief or argument for appellees Sun-Trust Bank, the Unknown Heirs of Hazel Harbour, and the Unknown Heirs of James Clayton Boaz.

Monica Taylor Monday (James J. O'Keeffe, Roanoke; Robert W. Mann, Martinsville; Gentry Locke Rakes & Moore, Roanoke; Young, Haskins, Mann, Gregory, McGarry & Wall, on brief), for appellee Stuart Baptist Church.

Present: KEENAN, KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and LACY, S.J.


OPINION BY Justice BARBARA MILANO KEENAN.

In this appeal, we consider whether the circuit court erred in determining that certain remainder shares in a trust lapsed.

The facts in this case are not in dispute. Mollie Boaz Johnson (the grantor) executed an inter vivos trust agreement, in which she directed that the income and the corpus of the trust be used for her benefit during her lifetime. She further directed that if her husband, Harry B. Johnson, survived...

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