from Randolph Circuit Court (CV-15-39)
STUART, CHIEF JUSTICE.
estate of Ray Wendell Williams appeals the judgment of the
Randolph Circuit Court ordering it to make a monthly payment
of $1, 000 to Williams's daughter Kimberly Loveless
pursuant to a provision in Williams's will directing WTW
Enterprises, Inc. ("WTW"), a trucking business
operated by Williams before his death, to commence paying
Loveless a monthly salary of "no less than $1, 000"
upon his death. We dismiss the appeal.
17, 2015, Williams died in Roanoke; he was survived by his
second wife Kathy Williams ("Kathy") and her son
Jeff Mitchell, as well as by Loveless, the only child of his
first marriage to Sheila Boyd. During his lifetime, Williams
had operated WTW with assistance from Kathy and Mitchell, and
"Item Seven" of his will provided as follows
regarding his wishes for WTW following his death:
"I am the owner of the stock of [WTW]. My wife, Kathy,
and her son, [Mitchell], are currently employed there. I
bequeath 51 percent of my stock in [WTW] to my wife, Kathy,
24.5 percent of my stock in WTW to my daughter [Loveless],
and 24.5 percent of my stock in WTW to Jeff Mitchell. This
conveyance of stock to these three individuals is subject to
the following restrictions and directives:
"(1) I direct that the maximum salary which may be paid
to Kathy by WTW in any year shall not exceed $75, 000.
"(2) I direct that the salary paid to her son,
[Mitchell], in any year shall not exceed the sum of $60, 000.
"(3) I further direct that neither my wife, Kathy, nor
her son, [Mitchell], be paid any bonus above their salary
which would diminish the net income available for
distribution to my wife, Kathy, and my daughter, [Loveless].
"(4) I direct that my daughter, [Loveless], be paid no
less than $1, 000 salary per month by WTW.
"(5) Each year, after all salaries and expenses have
been paid, should the parties not have a specific need for
expansion of the business, I direct that the net income after
payment of all expenses and taxes shall be paid to the
stockholders according to their respective interests in the
"Payment of this dividend, if any, should be done within
45 days after completion of all calculations sufficient to
allow the net income of the business to be determined.
"(6) I direct that should either Kathy or [Loveless]
desire to sell all or any portion of their stock interest in
WTW the same shall first be offered to the other owner before
being sold to an outside third party. Any such sale of the
stock by either Kathy or [Loveless] should result in the
stock being sold for its fair market value."
accordance with Item Seven of the will, WTW commenced making
$1, 000 monthly payments to Loveless ...