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GOETZ v. OLD NATIONAL BANK OF MARTINSBURG

No. 10673.

84 S.E.2d 759 (1954)

Carl B. GOETZ v. OLD NATIONAL BANK OF MARTINSBURG, etc., et al.

Supreme Court of Appeals of West Virginia.

Decided November 23, 1954.

Attorney(s) appearing for the Case

James M. Mason, 3d, Mason & Mason, F. Dean Nichols, Charles Town, Clarence E. Martin, Jr., Martin & Seibert, Martinsburg, Charles L. Nichols, Beverly Hills, Cal., for appellant.

L. I. Rice, Thomas W. Steptoe, Martinsburg, Forrest A. Brown, Charles Town, Louis M. Denit, Washington, D. C., for appellees.

LOVINS, Judge.

This is a declaratory judgment proceeding by which Carl Goetz, a nephew of the testatrix hereinafter mentioned, prays for a declaratory judgment, holding the residuary clause of the will of Jennie S. Goetz invalid.

The petition names as defendants The Old National Bank of Martinsburg, a National Banking Association, The National Bank of Washington, a similar association, individually in their own proper...

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