Rogerson v. Wheeling Dollar Savings & Trust Co.

Neely, Justice:

This is an appeal concerning the construction of the will of one Thomas L. Rogerson. The Circuit Court of Marshall County held that (1) the trust created by the testator did not become a “dry” or “passive” trust at the death of the last life beneficiary entitling the remainder-men to immediate distribution of the trust estate, (2) the trustees have no right to accumulate income from the trust, (3) the testator used the terms “children” and “issue” interchangeably to provide a per stirpes distribution of his estate, and (4) the attorneys’ fees and court costs should be charged…