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NEWELL v. HIGH LAWN MEMORIAL PARK

No. 14353.

264 S.E.2d 454 (1980)

Donald C. NEWELL, Sr., et al. v. HIGH LAWN MEMORIAL PARK CO. et al. and Price T. Ballard.

Supreme Court of Appeals of West Virginia.

Rehearing Denied May 15, 1980.

Attorney(s) appearing for the Case

W. E. Mohler, Charleston, for appellants.

Love, Wise, Robinson & Woodroe, W. M. Woodroe, S. Clark Woodroe and Mario J. Palumbo, Charleston, Frederick A. Jesser, III, Fayetteville, for appellees.

NEELY, Chief Justice.

Ruby Trump Ruffner died testate in Fayette County, West Virginia, on 3 October 1975 leaving the residue of her estate to St. Andrews Episcopal Church of Oak Hill, West Virginia. Approximately 21 months before her death, on 12 February 1974 she executed a "contract and escrow agreement" transferring 290 shares of her stock in High Lawn Memorial Park Company, a controlling interest, to Leonard H. Higgins, as escrow agent. The conditions of this...

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