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WILLARD v. WHITED

No. 29327.

566 S.E.2d 881 (2002)

211 W.Va. 522

Geraldine WILLARD and Denzil Rhodes, Co-Executors of the Estate of Alma Whited, Deceased, Plaintiffs Below, Appellants v. Gary Eugene WHITED, Executor of the Estate of Delbert R. Whited, Deceased Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Submitted on Rehearing May 21, 2002.

Decided June 17, 2002.

Dissenting Opinion of Justice Maynard July 3, 2002.

Attorney(s) appearing for the Case

Joseph C. Hash, Jr., Ravenswood, for Appellants.

Kennad Lee Skeen, Skeen & Skeen, Ripley, for Appellee.

McGRAW, Justice.

I.

BACKGROUND

On April 18, 1982, Alma and Delbert Whited married. It was the second marriage for both, and both were advanced in years. Over their lives they had amassed significant assets, most of which they kept separate during their marriage. Delbert and Alma did, however, have one or more accounts that they shared jointly. The briefs suggest that sometime in the summer of 1994, when Alma was diagnosed with a life-threatening...

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