West Virginia Supreme Court
Oliver J. Sands v. Security Trust Company
April 1, 1958143 W. Va. 522
Summary
The court affirmed dismissal of the heirs' and next of kin's equity suit challenging the testamentary trust because the will's alternative disposition operated whether the perpetual charitable trust was valid or invalid. The court declined to decide the validity of the perpetual trust in the first instance because the circuit court had not decided that issue. In either event, the appellants could not establish a justiciable interest or standing to maintain the suit.