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Granted Appeal Summary

Case

CHARLES M. HUNTER, JR. v. ELEANOR A. HUNTER, IN HER CAPACITY AS TRUSTEE OF THE THIRD AMENDED AND RESTATED THERESA E. HUNTER RECOVABLE LIVING TRUST AGREEMENT, ET AL. (Record Number 190260)

From

The Circuit Court of the City of Williamsburg and James City County; M. McGinty, Judge.

Counsel

William W. Sleeth, III and Brett C. Herbert (Gordon Rees Scully Mansukhani, LLP) for appellant. Daniel R. Quarles (Otey Smith & Quarles) for appellee.

Assignments of Error

1. The Trial Court erred by misreading the Complaint and Chip\\u2019s request for relief, in that he first sought a declaratory judgment that his Complaint would not trigger the No Contest Clause.
2. The Trial Court erred by not holding that the Complaint fell within the safe harbor set forth in Virginia Foundation of Independent Colleges v. Goodrich.
3. The Trial Court erred by finding that Chip\\u2019s conduct fell within the scope of the No Contest Clause in the Theresa Trust.
4. The Trial Court erred by applying the No Contest Clause in the Theresa Trust to Chip, despite Eleanor owing Chip non-waivable duties to account under Virginia common law, specifically via this Court\\u2019s holding in Fletcher v. Fletcher.
5. The Trial Court erred by applying the No Contest Clause in the Theresa Trust to Chip, despite the various obligations under the Virginia Uniform Trust Code that the Theresa Trust did not purport to waive (or could not legally waive).
6. The Trial Court erred by applying the No Contest Clause in the Theresa Trust to Chip, despite Virginia public policy requiring Eleanor to provide an accounting and/or information to Chip, and prohibiting the application of the No Contest Clause in this case.
7. The Trial Court erred by not holding that Virginia law recognizes a good faith exception to in terrorem clauses in trusts, and by not holding that Chip\\u2019s conduct was protected by such good faith exception [note: request for extension of Virginia case law on this issue, from Womble v. Gunter, 198 Va. 522, 528, 95 S.E.2d 213, 218 (1956)].

Source Document: http://www.courts.state.va.us/courts/scv/appeals/190260.pdf

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