Emmert v. Old National Bank of Martinsburg
West Virginia Supreme Court
246 S.E.2d 236 (1978)
Relevant factsFree
Frank (plaintiff), a beneficiary of his late father's support trust, requested $100,000 from the trust's $260,000 corpus after accumulating $48,000 in debt with essentially no assets and developing a chronic illness affecting his earning potential, but the bank trustee (defendant) denied the request, arguing his existing monthly trust income was sufficient support and pointing to evidence Frank had previously wasted money from the estate; the trial court ruled for the bank.
IssueFree
Whether, pursuant to a necessity requirement in a support trust, the trust corpus should be distributed to the beneficiary only as a last resort after the beneficiary's other financial resources are exhausted.