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LADYSMITH RESCUE SQUAD, INC. v. NEWLIN

Record No. 091388.

694 S.E.2d 604 (2010)

LADYSMITH RESCUE SQUAD, INC. v. Donald H. NEWLIN, as Executor and Trustee under the Will of Miller Hart Cosby, et al.

Supreme Court of Virginia.

June 10, 2010.

Attorney(s) appearing for the Case

David D. Hopper (Cook, Heyward, Lee, Hopper & Feehan, on briefs), Glen Allen, for appellant.

Dennis I. Belcher (Kelly J. Hellmuth; Jeffrey D. McMahan, Richmond; A. Fleet Dillard III, Tappahannock; William L. Lewis; McGuireWoods; Dillard and Katona, on brief), for appellees.

Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and RUSSELL, S.J.

OPINION BY Senior Justice CHARLES S. RUSSELL.

This appeal questions the propriety of the circuit court's division and partial commutation of a testamentary charitable remainder unitrust over the objection of a charitable beneficiary. The material facts are undisputed and the appeal presents a pure question of law.

Facts and Proceedings

Miller Hart Cosby (the testator) died a resident of Caroline...

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