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FIRST NAT. BANK IN FAIRMONT v. PHILLIPS

No. CC 951.

344 S.E.2d 201 (1985)

FIRST NATIONAL BANK IN FAIRMONT, as Administrator of the Personal Estate of James R. McHenry, Jr., Deceased v. Martha Jane PHILLIPS, James Thornhill, Margaret Gregory, Betty Shamblin, and Sandra Boyd Showell.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion May 16, 1986.

Attorney(s) appearing for the Case

Philip C. Petty, Fairmont, for appellant.

C.V. Critchfield, Furbee, Amos, Webb & Critchfield, Fairmont, for appellees Phillips, Gregory, Thornhill & Showell.

Ben B. White, III, Princeton, for appellee Shamblin.

McHUGH, Justice:

In this case we are asked to decide the scope of the doctrine of equitable adoption.

Having denied a motion to dismiss filed by the defendants except for Betty Shamblin, the Circuit Court of Marion County, West Virginia [hereinafter, "the trial court"], upon its own motion and upon the joint application of the parties, certified the following question to this Court1: is the doctrine of equitable adoption as set...

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