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McCARTNEY v. LESTER

No. 27256.

533 S.E.2d 675 (2000)

207 W.Va. 449

Linda McCARTNEY, Individually and as Treasurer of the Wilson Cemetery Fund, Plaintiff Below, Appellee, v. Gretchen LESTER, Individually; Gretchen Lester, as Attorney in Fact for Johanna Lester; and Linda Lester Crawford and Johanna Lester, Individually; Estate of L. Wayne Lester, Deceased; Jon Weldon Lamb, Individually; and Paul Morgan Lester, Individually, Defendants Below, Gretchen Lester, Johanna Lester and Linda L. Crawford, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided June 21, 2000.

Attorney(s) appearing for the Case

Orton A. Jones, Esq., Hedges, Jones, Whittier & Hedges, Spencer, West Virginia, Attorney for Appellants.

Mark G. Sergent, Esq., Law Office of Mark G. Sergent, Spencer, West Virginia, Attorney for Appellee.

PER CURIAM:

This case is before this Court upon appeal of a final order of the Circuit Court of Calhoun County entered on June 22, 1999. In that order, the circuit court found that a cemetery located off Pink Road in Calhoun County, West Virginia, on property owned by the Lester family, the appellants and defendants below, was dedicated to the public. Accordingly, the circuit court appointed trustees to operate and govern the cemetery.

In this appeal, the...

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