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Burton v. Irwin

Virginia Supreme Court
181 S.E.2d 624 (1971)


Facts

Blanche Mallory’s will appointed her brother, William Burton (defendant), “as executor and trustee” of her estate. The will left the estate to Burton to carry out Mallory’s wishes. Burton had been financially dependent on Mallory, and the two had a close relationship. Burton claimed that the will left him Mallory’s entire estate. Mallory’s heirs at law (plaintiffs) claimed that Mallory intended to create a trust for their benefit, with Burton serving as trustee. The will did not name the heirs at all and did not name any beneficiaries of a purported trust. The chancery court found in favor of the heirs. Burton appealed.

Rule of Law

Issue

Holding and Reasoning (Cochran, J.)

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