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VAUPEL v. BARR

No. 22646.

460 S.E.2d 431 (1995)

194 W.Va. 296

George VAUPEL, Elizabeth Vaupel, and Jonathan Vaupel, Plaintiffs Below, Appellants, v. Don A. BARR, Individually and as The Executor of the Estate of Merle Vaupel, and Janythe M. Barr, Eva J. Kittle, George Kotson, John Crouch, Norma J. Bokanovich, Howard Lambert, Cecil Stewart, Russell Francis, Jackie White and James Polley, Trustees for the Christ Calvary United Methodist Church, Guy Knapp, Jean Anderson, Roger Blake, John Ginter, Ray Pettit, Francis Riggs, Robert Straight, Diane Vandevander and Art Williams, Trustees for Simpson United Methodist Church, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 18, 1995.

Attorney(s) appearing for the Case

Joyce D. Chernenko, William E. Watson & Associates, Wellsburg, Steven T. Taylor, Berry, Kessler, Crutchfield & Taylor, Moundsville, for appellants.

Arthur M. Recht, Ray A. Byrd, Schrader, Recht, Byrd, Companion & Gurley, Wheeling, for appellees Don A. Barr, individually and as the Executor of the Estate of Merle Vaupel, and Janythe M. Barr.

John E. Artimez, Artimez Law Offices, Moundsville, for All Church Trustees.

PER CURIAM:

The appellants and plaintiffs below, George Vaupel, Elizabeth Vaupel, and Jonathan Vaupel, the family of Merle Vaupel, deceased, filed suit seeking to set aside the Last Will and Testament of Merle Vaupel and demanding the estate of Mrs. Vaupel be distributed under the rules of intestate succession. Under the terms of the Will, the appellees and defendants below, Don A. Barr, individually and as the Executor of the Estate of Merle Vaupel, and Janythe M...

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