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FOSTER v. FOSTER

No. 23054.

472 S.E.2d 678 (1996)

196 W.Va. 341

J. Gregory FOSTER, Administrator C.T.A. of the Estate of Evelyn N. Foster, Plaintiff Below, Appellee, v. J. Gregory FOSTER, Devisee Under the Last Will and Testament of Evelyn N. Foster, Defendant Below, Appellee, and Judy Monk, Devisee Under the Last Will and Testament of Evelyn N. Foster, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided February 14, 1996.

Attorney(s) appearing for the Case

Mark E. Wills, Wills & Sadler, Princeton, for Appellee J. Gregory Foster, Devisee.

Randall L. Veneri, Anthony R. Veneri, Veneri & Veneri, Princeton, for Appellant Judy Monk.

PER CURIAM:

Judy Monk, a defendant below and the appellant herein, appeals from an order of the Circuit Court of Mercer County which denied her motion for reconsideration. On February 24, 1995, the circuit court declared the holographic will of Evelyn Foster, dated September 12, 1991, ambiguous and thereby invalid and further determined that Ms. Foster's estate should be distributed according to the laws of intestacy between her two children. After reviewing the record...

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