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MILLER v. ROBINSON

Nos. 15781, 15809.

301 S.E.2d 610 (1983)

Colin MILLER, Admr., etc., et al. v. The Hon. Dan C. ROBINSON, Judge, etc. CABELL-WAYNE ASSOC. OF THE BLIND, etc., et al. v. The COUNTY COMMISSION OF CABELL COUNTY and Colin Miller.

Supreme Court of Appeals of West Virginia.

March 25, 1983.

Attorney(s) appearing for the Case

Edmund C. Marshall and James W. St. Clair, Marshall & St. Clair, Philip A. Baer and James Allan Colburn, Baer & Colburn, Huntington, for petitioners in No. 15781.

Robert K. Emerson and Edward M. Kowal, Jr., Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, for respondent in No. 15781.

W. Merton Prunty, Robert H. Burford, Beckett, Burford & James, Bliss L. Charles, Huntington, for petitioners in No. 15809.

William T. Watson, Huntington, for respondents in No. 15809.

MILLER, Justice:

These are two original prohibition cases which involve essentially the same issue, whether the Circuit Court of Cabell County has jurisdiction to order the probate court not to appoint an administrator cum testamento annexo (c.t.a.) until further hearings are completed in the circuit court to determine the ultimate distribution under the will of C.J. Teubert, deceased.

The facts surrounding this controversy arise out of matters that...

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