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ARNOLD v. TUREK

No. 19856.

407 S.E.2d 706 (1991)

James ARNOLD and Rebecca Paugh, Personal Representatives of the Estate of Jack Turek, Deceased; Charles Arnold and Paula Arnold, Guardians of Heidi Turek, an Infant/Incompetent; and Robert Patrick Arnold, Committee for Frances Arnold (Turek), Petitioners, v. Heidi L. TUREK, an Infant/Incompetent; and Frances V. Turek, a Person Unable to Manage her Business Affairs; Diane Potter and Rosalie Darby; said Persons being the Heirs at Law of Jack Turek, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 3, 1991.

Attorney(s) appearing for the Case

John W. Cooper, Cooper & Preston, Parsons, for petitioners.

Pat A. Nichols, Parsons, for respondent Heidi L. Turek.

Matthew H. Fair, Elkins, for respondent Frances V. Turek.

MILLER, Chief Justice:

This case involves two certified questions. The first question relates to the distribution of proceeds from the settlement of a wrongful death action. The second question involves whether monies obtained by two beneficiaries who are mentally impaired may be placed in a joint trust to be used for their benefit.

The relevant facts found by the circuit court are that on April 10, 1989, Jack Victor

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