Hemphill v. Aukamp

Miller, Justice:

In this appeal from the Circuit Court of Kanawha County we are asked to determine whether an intervivos trust agreement created a single trust or multiple trusts. The Circuit Court held the trust instrument created a single trust, and we agree.

In 1937 the settlor, Mrs. Margaret R. North, created a trust agreement with the provisions that she receive the trust income for life and that at her death, her three named sons would receive the income from the trust during their lives. It further provided that the trust was to terminate twenty years from the date of the death of the…