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BARONE v. BARONE

No. 15302.

294 S.E.2d 260 (1982)

Ralph G. BARONE v. John S. BARONE, as Executor, etc., et al., Appellees, Denese Barone Ellis, Appellant.

Supreme Court of Appeals of West Virginia.

July 14, 1982.

Attorney(s) appearing for the Case

Spilman, Thomas, Battle & Klostermeyer and John H. Tinney, Charleston, McQuire, Woods & Battle and John S. Battle, Jr., Richmond, Va., for appellant.

Schrader, Stamp, Byrd, Byrum, Johnson & Campanion and Ronald B. Johnson, Wheeling, for Cloma Barone.

Edwin J. Adams, Chester, for Kathleen Barone Barrett.

Bogarad & Robertson, Martin S. Bogarad and William R. Kiefer, Weirton, for appellee.

HARSHBARGER, Justice:

Mr. John Barone, Sr., died testate, his will having been drawn by his son, John, and signed September 17, 1974, by Mr. Barone in a hospital on his death bed. His sons, John and Ralph, both attorneys, were named co-executors. John1 had the will probated in December, 1974, and was appointed sole executor.

Several years after probate, Ralph sued his brother, his mother, his sisters, and various others to require...

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