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MASON v. MASON

No. 14357.

268 S.E.2d 67 (1980)

Walter N. MASON v. Mervin MASON et al.

Supreme Court of Appeals of West Virginia.

July 15, 1980.

Attorney(s) appearing for the Case

Jerome Radosh, Martinsburg, for appellant.

Rodgers, Kiser & O'Brien and Charles A. Kiser, Martinsburg, for appellee Walter N. Mason.

D. Patrick Dalton, Jr., Martinsburg, for appellee Floyd Mason.

Michael B. Keller, Martinsburg, for appellees William Mason and Paul Mason.

HARSHBARGER, Justice:

While in the hospital to undergo surgery for a cervical polyp, Clara Mason wrote a holographic will, which began, "Nov 4th 1973 — I am in the hospital for surgery, and in case I do not survive. Everything I have belongs to Mervin." Ms. Mason survived the surgery and died on January 6, 1976 of an unrelated illness. The document was admitted to probate in Berkeley County on January 29, 1976, and in March, 1977, plaintiff, a beneficiary of...

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