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State court of last resort · ST-VA-SC
Hunter v. Hunter
No. 190260Supreme Court of Virginia
190260 Hunter v. Hunter 03/12/2020 In a beneficiary's action seeking declaratory interpretation of two trust instrument provisions, the circuit court erred in granting the defendant trustee's motion for summar…
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190260 Hunter v. Hunter 03/12/2020 In a beneficiary's action seeking declaratory interpretation of two trust instrument provision…
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- March 12, 2020
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190260 Hunter v. Hunter 03/12/2020 In a beneficiary's action seeking declaratory interpretation of two trust instrument provisions, the circuit court erred in granting the defendant trustee's motion for summary judgment on her counterclaim on the basis that the plaintiff's declaratory judgment action had violated the no-contest provision of the trust, concluding that his interest in the trust was revoked. The declaratory judgment action did not trigger the no-contest provision requiring the forfeiture of the plaintiff beneficiary's interest in the trust. The summary judgment dismissing his declaratory action with prejudice is reversed, and the case is remanded for further proceedings.
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· Supreme Court of Virginia
ReversedRemandedDismissedGranted
The court's record, as written
190260 Hunter v. Hunter 03/12/2020 In a beneficiary's action seeking declaratory interpretation of two trust instrument provisions, the circuit court erred in granting the defendant trustee's motion for summary judgment on her counterclaim on the basis that the plaintiff's declaratory judgment action had violated the no-contest provision of the trust, concluding that his interest in the trust was revoked. The declaratory judgment action did not trigger the no-contest provision requiring the forfeiture of the plaintiff beneficiary's interest in the trust. The summary judgment dismissing his declaratory action with prejudice is reversed, and the case is remanded for further proceedings.
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