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PETERS v. PETERS

No. 21896.

443 S.E.2d 213 (1994)

191 W.Va. 56

Patricia L. PETERS, Plaintiff-Petitioner, v. Nanette PETERS, Executrix of the Estate of John Lewis Peters, deceased, as such Executrix, and Nanette Peters, in her individual right, Don Randall Peters, John Michael Peters, and the Whitesville State Bank, a corporation, Defendants-Respondents.

Supreme Court of Appeals of West Virginia.

Decided March 24, 1994.

Dissenting Opinion of Justice Miller April 20, 1994.

Attorney(s) appearing for the Case

Peter A. Hendricks, Madison, for plaintiffpetitioner.

Francis M. Curnutte III, Smith, Curnutte & Hostler, Charleston, for defendants-respondents.

NEELY, Justice:

This appeal resulted from a suit brought by Patricia L. Peters ("Patricia") who alleged that the Whitesville State Bank ("the Bank") improperly paid out to the decedent John Lewis Peters ("John"), Patricia's late husband, the proceeds of certain bank accounts held jointly by Patricia and John. On cross motions for summary judgment, the Circuit Court of Boone County, relying on W.Va. Code 31A-4-33...

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