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TRAIL v. HAWLEY

No. 14388.

259 S.E.2d 423 (1979)

Mary Dunn TRAIL et al. v. Helen HAWLEY, etc.

Supreme Court of Appeals of West Virginia.

November 6, 1979.

Attorney(s) appearing for the Case

Thornhill, Kennedy & Vaughan, W. A. Thornhill, III, Beckley, for appellants.

Earl Carl Meadows, Jr., Beckley, Edward W. Cochran, Cleveland, Ohio, for appellee.

NEELY, Justice:

This case presents the question of whether the heirs1 of a deceased may bring a declaratory judgment action to determine if the deceased's personal representative is prosecuting a wrongful death action in consonance with her fiduciary duty to the heirs. We find that they may.

On 3 July 1978, Paul Dunn was killed in an automobile accident leaving as his heirs the petitioners, his sisters. Mr. Dunn left a will naming...

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