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MONGOLD v. MAYLE

No. 22379.

452 S.E.2d 444 (1994)

192 W.Va. 353

Brenda J. MONGOLD and Linda L. Mullenax, Plaintiffs Below, Appellees, v. Eulda K. MAYLE, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1994.

Attorney(s) appearing for the Case

John G. Ours, Petersburg, for appellant.

James Paul Geary, Geary & Geary, Petersburg, for appellees.

McHUGH, Justice:

The appellant, Eulda K. Mayle, appeals an order of the Circuit Court of Grant County, which held, in a declaratory judgment action, that W.Va.Code, 42-3-7 [1992], which concerns premarital wills, precludes the application of W.Va.Code, 42-3-1 [1992], which concerns a surviving spouse's right to an elective share. The appellees are Brenda J. Mongold and Linda L. Mullenax. For reasons set forth below, we reverse the order of the circuit...

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