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LOTZ v. ATAMANIUK

No. 15711.

304 S.E.2d 20 (1983)

Eugenia M. LOTZ, Executrix, etc. v. Michael Peter ATAMANIUK.

Supreme Court of Appeals of West Virginia.

Rehearing Denied July 5, 1983.

Attorney(s) appearing for the Case

William C. Hollandsworth, Wheeling, for appellant.

Arch W. Riley & Arch W. Riley, Jr., Wheeling, for appellee.

HARSHBARGER, Justice:

The will of Linda Jean Atamaniuk, who died on April 15, 1978, was probated in Marshall County, West Virginia by her mother, Eugenia Lotz, who was named executrix and sole beneficiary. Linda's estranged husband, Michael Peter Atamaniuk, renounced the will and elected to claim his share of her estate as if she had died intestate.1 Ms. Lotz sued, alleging that Atamaniuk was not entitled to share in Ms. Atamaniuk's estate...

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