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Emmert v. Old National Bank of Martinsburg

West Virginia Supreme Court
246 S.E.2d 236 (1978)


Facts

Allen Emmert’s will created a support trust for his sons. The will stated that the trustee could use the trust’s funds for “adequately providing for the comfort and support of either or both” of Emmert’s sons, if necessary. After Emmert died, his sons received a monthly income from the trust. One of his sons, Frank Emmert (Frank) (plaintiff), asked the trustee, Old National Bank of Martinsburg (the bank) (defendant), for $100,000 from the $260,000 trust. Frank was $48,000 in debt and had essentially no assets. Also, Frank had begun suffering from a chronic disease that affected his earning potential. The bank declined Frank’s request, and Frank brought suit. At trial, the bank argued that the monthly income that the sons received was sufficient support. The bank introduced evidence that Frank had wasted large amounts of money from Emmert’s estate. The trial court ruled in favor of the bank. Frank appealed.

Rule of Law

Issue

Holding and Reasoning (Neely, J.)

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