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CROSS v. STATE FARM MUT. AUTO. INS. CO.

No. CC995.

387 S.E.2d 556 (1989)

Katherine L. CROSS, Executrix of the Estate of Miriam Tate, Deceased, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

Supreme Court of Appeals of West Virginia.

December 6, 1989.

Attorney(s) appearing for the Case

Lane O. Austin, Sanders, Austin & Swope, Princeton, Richard G. Rakes, Gentry, Locke, Rakes & Moore, Roanoke, for Katherine L. Cross, plaintiff.

Ben B. White, III, Princeton, for State Farm Mut. Auto. Ins. Co.

McHUGH, Justice:

This case is before this Court upon certified questions from the United States Court of Appeals for the Fourth Circuit, pursuant to W.Va.Code, 51-1A-1 to 51-1A-12 [1976], the Uniform Certification of Questions of Law Act.1 The two questions involve the Dead Man's Statute, W.Va.Code, 57-3-1 [1937]. While we conclude that the Dead Man's Statute applies to the declaratory judgment action of the executrix against...

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