Gee v. Gibbs

McGraw, Justice:

This case, properly before this Court on certified question by the joint application of the parties pursuant to W.Va. Code § 58-5-2, involves two limited and narrow questions of law which emanate from the following trust provision:

This Trust shall terminate upon the death of the said Joan S. Gibbs, at which time the principal and any undisturbed income from the Trust Estate shall be distributed in equal shares to the four Settlors [including Edward Stone Gibbs]. Should any of the Settlors be then deceased, the distribution from the Trust Estate shall be made to the estate of…