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LIEVING v. HADLEY

No. 20738.

423 S.E.2d 600 (1992)

188 W.Va. 197

William David LIEVING, Executor of the Will and Testament of Roberta Lavaughn Lieving; and William David Lieving, Individually, Appellees, v. Thelma E. HADLEY, Union Bank of Tyler County, a Corporation; and First National Bank of St. Mary's, N.A., Defendants Below, Union Bank of Tyler County, a Corporation, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 22, 1992.

Attorney(s) appearing for the Case

Beryl A. Cunningham, Parkersburg, for appellees.

Philip B. Hill, Logan Hassig, Snyder & Hassig, New Martinsville, for appellant, Union Bank of Tyler County.

Keith White, for defendant, First Nat. Bank of St. Mary's.

NEELY, Justice:

This is an unfortunate case of estate planning gone awry, which has caused much grief among the family of the late Roberta Lieving. There are complicated questions of fact that can only be resolved by a full factual inquiry, so we reverse the summary judgment granted by the Circuit Court of Wood County and remand for a trial on the merits.

I.

Before 1 January 1984, the Tyler County Bank...

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