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FIRST NAT. BANK OF BLUEFIELD v. CUNDIFF

No. 16220.

329 S.E.2d 74 (1985)

The FIRST NATIONAL BANK OF BLUEFIELD, Executor Under the Last Will and Testament of Jesse S. Groseclose, Deceased v. Ulysses D. CUNDIFF, Martha Cundiff, Westminister Presbyterian Church, Masonic Trust-Lodge # 85, Masonic Trust-Scottish Rite Chapter, Westminister Presbyterian Church-Teaching Bible School, Clyde Vaught, Charles Vest, Thelma Johnson, Sidney Smothers, Betty Miller Blankenship, Heirs of Ethel Hamilton, Charles Groseclose, Hallie Bell Wagner, Julia G. Coleman, Mark Cundiff, Joseph Cundiff, Laura Cundiff, Thomas Parker, Christy Parker, Ann Liza Parker, Nellie Williams, Johnnie Romans, Betty Romans, Mrs. Lena G. French, Mrs. Madge Richardson, Heirs of Mrs. Clara Lewis, Mrs. Dorothy Wood, Montreat-Anderson College, Bluefield College, David Stuart School, Pastor's Anniversary Reliable Joy Gift, Salvation Army, YM-YWCA, Union Mission, Bluefield Community Hospital, and Shriner's Crippled Childrens Hospital, and any and All Persons, Other Than Those Named In the Petition As Petitioner and Respondents, Interested In the Subject Matter of the Action, Whose Names Are Unknown to the Petitioner and Who are Made Respondents by the General Description of Unknown Respondents.

Supreme Court of Appeals of West Virginia.

Rehearing Denied June 11, 1985.

Attorney(s) appearing for the Case

Veneri & Burkett, Billy E. Burkett, Princeton, for appellant Charles Groseclose, et al.

Katz, Kantor & Perkins, G.W. Lavender, II, Bluefield, for appellee First Nat. Bank.

Burton & Cunningham, Chas. T. Cunningham, Princeton, for Cundiffs.

Hudgins, Coulling, Brewster & Morhous, Donald T. Caruth, Bluefield, for T. Johnson & Bluefield College and Mission.

Kwass, Stone, McGhee & Feuchtenberger, J.W. Feuchtenberger, Bluefield, for other appellees.

PER CURIAM:

This action is before this Court upon appeal from the judgment order of the Circuit Court of Mercer County, entered September 20, 1983. The action below was commenced by the First National Bank of Bluefield, the appellee, seeking a declaratory judgment concerning the validity and construction of a purported will of the decedent, Jesse S. Groseclose. In their answer to the action for declaratory judgment, certain heirs of the decedent, the appellants in...

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