Wisener v. Burns

Annabelle Clinton Imber, Justice.

On February 1, 1978, Elizabeth Fiargis Wisener created the Elizabeth Hargis Wisener Trust, transferring several parcels of timberland to her three children, James (“Jim”) Wisener, John Wisener, and Judith (“Judy”) Burns, as co-trustees and beneficiaries of the trust. Mrs. Wisener reserved to herself the income produced from the trust property during her life. All three of Mrs. Wisener’s children were granted equal authority over the management of the trust, but Judy, the oldest, assumed primary responsibility for management of the trust and the income produced…