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VORHOLT v. ONE VALLEY BANK

No. 23589.

498 S.E.2d 241 (1997)

201 W.Va. 480

Jerry A. VORHOLT, Plaintiff Below, Appellant, v. ONE VALLEY BANK (formerly The Kanawha Valley Bank, N.A.), One Valley Bank, a National Banking Association, (formerly The Kanawha Valley Bank), Trustee of the Ansel F. Vorholt Trust, Leo J. Vorholt, Jr., Edward Vorholt, Archie Vorholt, Ruth V. Childress, Catherine V. Melton, and the most Reverend Bernard W. Schmitt, D.D., Bishop of the Roman Catholic Diocese of Wheeling-Charleston, and his successor in office, and all other known and unknown heirs at law of beneficiaries or other beneficiaries, known or unknown of the Ansel F. Vorholt Trust, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided March 28, 1997.

Concurring and Dissenting Opinion of Chief Justice Workman July 21, 1997.

Concurring and Dissenting Opinion of Justice Starcher May 8, 1998.

Attorney(s) appearing for the Case

Robert G. Wolpert, Charleston, for Appellant.

James K. Brown, Kelly L. Mount, Jackson & Kelly, Charleston, for Appellees.

MAYNARD, Justice:

The appellant, Jerry A. Vorholt, appeals the May 17, 1995 order of the Circuit Court of Kanawha County which granted summary judgment for the appellee, One Valley Bank, finding that the appellant's suit against the appellee for failing to include him in the distribution of his adoptive father's estate is barred by the statute of limitations. For reasons set forth below, we affirm the circuit court's order.

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