BOARD OF TRUSTEES v. DAVIS

No. 31625.

600 S.E.2d 251 (2004)

215 W.Va. 539

BOARD OF TRUSTEES OF THE FIREMEN'S PENSION AND RELIEF FUND OF THE CITY OF ST. ALBANS, Plaintiff Below, Appellee, v. Wilma J. DAVIS (formerly Wilma Davis Fulmer), Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Filed: June 25, 2004.


Attorney(s) appearing for the Case

John F. Dascoli, Esq., The Segal Law Firm, Charleston, for Appellee.

Harold S. Albertson, Esq., Albertson & Jones, Charleston, for Appellant.


STARCHER, J.

In this appeal from the Circuit Court of Kanawha County, we are asked to examine an order requiring the surviving spouse of a deceased firefighter to repay certain pension benefits which she received from the firefighter's pension fund. The circuit court ruled that the surviving spouse's remarriage following the death of the firefighter forever terminated her right to receive those pension benefits, and concluded, as a matter of law, that the later annulment...

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