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State court of last resort · ST-VA-SC
Rafalko v. Georgiadis
No. 141533Supreme Court of Virginia
141533 Rafalko v. Georgiadis 11/05/2015 In a declaratory judgment suit by two sons seeking a determination that their conduct did not trigger a "no contest" clause in their father's trust instrument, alleging …
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141533 Rafalko v. Georgiadis 11/05/2015 In a declaratory judgment suit by two sons seeking a determination that their conduct did…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Nov 5, 2015
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141533 Rafalko v. Georgiadis 11/05/2015 In a declaratory judgment suit by two sons seeking a determination that their conduct did not trigger a "no contest" clause in their father's trust instrument, alleging that the trustee's contrary decision was without authority, contrary to the purposes of the trust and an abuse of discretion, judicial review of the trustee's decision is allowed pursuant to Virginia jurisprudence and Code § 64.2-703(B)(2). There was sufficient evidence for the court to find that the trustee's conclusion that the sons violated the no contest provision was not motivated by a desire to carry out the testator's intent, or to protect the beneficiaries, and was therefore do…
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