Johnson v. Farmers & Merchants Bank

BROTHERTON, Justice:

The appellants, the trustee and principal beneficiaries of an inter vivos trust established by Fred O. Johnson, appeal an order of the Circuit Court of Monongalia County, granting summary judgment in favor of the appellee, Dorothy Marie Johnson, the widow of Fred O. Johnson. As a result of the summary judgment ruling, the trust was declared invalid and the trustee was ordered to transfer a portion of the trust assets to the Executor of Fred O. John son’s Last Will and Testament in order to satisfy Dorothy Marie Johnson’s elective share. The appellants ask this Court to…