Bond v. Bond

MAYNARD, Justice:

The appellant, Philip Bond, the co-trustee of a testamentary trust, appeals the April 5, 2002, order of the Circuit Court of Kanawha County that granted summary judgment to the appellees, Marshall Bond, Jr., Antoinette Bond Thomas, Antoinette Bond Morrison, and J. Christopher Thomas, and appointed two successor co-trustees to administer the testamentary trust in addition to the appellant. For the reasons set forth below, we reverse and remand.

I

FACTS

Marshall Bond died in 1951. By his will he created a trust and named as trustees his three children, Appellees Marshall Bond,…