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FRYE v. NORTON

No. 12251.

135 S.E.2d 603 (1964)

Olga N. FRYE et al. v. Wilbert H. NORTON, etc.

Supreme Court of Appeals of West Virginia.

Decided April 7, 1964.

Attorney(s) appearing for the Case

Campbell, McNeer, Woods, Bagley & Emerson, L. E. Woods, C. F. Bagley, Huntington, for appellant.

Daugherty & Daugherty, Duncan W. Daugherty, Huntington, Joseph A. Keating, Falls Church, Va., for appellees.

CAPLAN, Judge.

This action was instituted on November 3, 1961, by Olga N. Frye in the Circuit Court of Cabell County against Wilbert H. Norton, individually, and in his capacity as executor under the purported last will of Mabel Beatrice Tarrer, wherein the plaintiff prayed that an issue devisavit vel non be made up and presented to a jury to determine whether a certain writing which had been admitted to probate was or was not the true last will and testament of Mabel...

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