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MORGAN v. MAYES

No. 15317.

296 S.E.2d 34 (1982)

Ward E. MORGAN v. Guy E. MAYES, Jr. and Medora Mayes.

Supreme Court of Appeals of West Virginia.

September 20, 1982.

Attorney(s) appearing for the Case

James D. McQueen, Jr., Huntington, for appellant.

E. Henry Broh, Broh & Vital, Huntington, for appellees.

HARSHBARGER, Justice:

This appeal by Ward E. Morgan contests a Cabell County Circuit Court order dismissing his suit and granting the Mayes' motion for summary judgment. Morgan had challenged Hattie C. Morgan's will, alleging it was the product of undue influence. He was the adopted son of her son, Theo F. Morgan, but the trial court ruled that he was not "an interested person," entitled to challenge the will. W.Va.Code, 41-5-11.1

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