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CARY v. RISS

No. 21562.

433 S.E.2d 546 (1993)

189 W.Va. 608

Mildred Dennis CARY, Plaintiff, v. Frederic D. RISS, Jr., Defendant.

Supreme Court of Appeals of West Virginia.

Decided July 16, 1993.

Attorney(s) appearing for the Case

Richard G. Gay, Law Office of Richard G. Gay, L.C., Berkeley Springs, for plaintiff.

Peter L. Chakmakian, Charles Town, for defendant.

McHUGH, Justice:

This matter is before this Court upon two certified questions by the Circuit Court of Jefferson County as to whether due process requires that notice be given to the beneficiary named in a recorded will that has been refused probate, and if so, whether the failure to give such notice tolls the statute of limitations until the beneficiary has notice that the will was refused probate.

I

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