Emmert v. Old National Bank of Martinsburg

Neely, Justice:

This appeal concerns a trustee’s exercise of discretionary powers granted by a trust instrument. The appellant, Frank S. Emmert, is an income beneficiary of a testamentary trust established by the will of his father, Allen R. Emmert. He claims to be in necessitous circumstances and argues that, under the terms of the trust, the trustee, The Old National Bank of Martinsburg, must invade the trust corpus to aid him in his distress. The trustee bank, which prevailed in the Circuit Court of Berkeley County below, refuses to invade the trust corpus for the benefit of Frank S.…