VILAR v. FENTON

No. 18537.

382 S.E.2d 352 (1989)

Geraldine M. VILAR, Charles G. Curry, and Charles E. Curry v. Margaret M. FENTON, as Executrix of the Purported Will of Wiley V. Curry, and Margaret M. Fenton.

Supreme Court of Appeals of West Virginia.

July 5, 1989.


Attorney(s) appearing for the Case

Gregory T. Hinton, Fairmont, for Vilar and Curry.

Frank V. Sansalone, Fairmont, for Margaret M. Fenton.


BROTHERTON, Chief Justice.

This is an appeal from a final order, entered September 17, 1987, of the Circuit Court of Marion County. In that order the trial judge sua sponte declared a mistrial and recused himself from the case. The appellants argue that the trial judge erred by declaring a mistrial when he disqualified himself from presiding further over the case. We agree; therefore, we reverse.

On June 4, 1980, Wiley Curry executed a will that named...

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