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FOY v. COUNTY COM'N OF BERKELEY COUNTY

No. 21831.

442 S.E.2d 726 (1994)

191 W.Va. 29

Lois FOY, Herbert V. Jones, Jr. and Shirley Alta Jones, Petitioners, v. COUNTY COMMISSION OF BERKELEY COUNTY; Eula Jones; and Maria L. Childers, in her Capacity as Fiduciary Supervisor of the County Commission of Berkeley County, Respondents.

Supreme Court of Appeals of West Virginia.

Decided March 28, 1994.

Attorney(s) appearing for the Case

Robert D. Aitcheson, Charles Town, for petitioners.

Janet L. Scalia, Asst. Pros. Atty., Martinsburg, for respondents.

McHUGH, Justice:

This case is before this Court upon the certified questions of the Circuit Court of Berkeley County, West Virginia. The petitioners, Lois Foy, Herbert V. Jones, Jr., and Shirley Alta Jones are children of Herbert Vauter Jones, Sr., who is now deceased. The respondents are the County Commission of Berkeley County, Eula Jones, the widow of the decedent, and Maria L. Childers, the fiduciary supervisor of the Berkeley County Commission.

I.

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