Davis v. KB & T CO.

McGRAW, Chief Justice:

This is an appeal by Dorothy Evelyn Davis on behalf of her incompetent sister, Pennsy Davis Farley, from a decision of the Circuit Court of Kanawha County which upheld an inter vivos trust created by Mrs. Farley’s husband in 1976, effectively depriving Mrs. Farley of property she would have received under a will executed by her husband in 1973.

Pennsy Davis and David T. Farley were married in 1918 when they were, respectively, twenty-five and twenty-three years of age. Both Mr. and Mrs. Farley worked hard. David operated a hardware store and Pennsy engaged in the…