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SECURITY NATIONAL BANK & TRUST CO. v. WILLIM

No. 12610.

153 S.E.2d 114 (1967)

SECURITY NATIONAL BANK & TRUST CO., etc., Trustee under the Last Will and Testament of Caroline C. Hughes, deceased, v. Eugenia Woodward WILLIM et al., etc., Wheeling Dollar Savings & Trust Co., Committee for Patti Sweeney, an incompetent person.

Supreme Court of Appeals of West Virginia.

Decided February 21, 1967.

Attorney(s) appearing for the Case

Bachmann, Hess, Bachmann & Garden, Gilbert S. Bachmann, Wheeling, for appellant.

Petroplus, Bailey, Byrum & Hesse, George G. Bailey, McCamic & McCamic, Jay T. McCamic, Henry S. Schrader, Ronald W. Kasserman, Schmidt, Laas, Schrader & Miller, Dennis R. Lewis, Wheeling, for appellee.

CALHOUN, President.

This case, on appeal from a final judgment of the Circuit Court of Ohio County, involves an action instituted in that court for the purpose of construing the provisions of the will of Caroline C. Hughes, deceased.

The primary question presented for decision is whether an adopted child takes under the will as a child or as issue of a life tenant.

The action was instituted in the circuit court by Security National Bank & Trust...

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