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CALVERT v. SCHARF

Nos. 31788-31790.

619 S.E.2d 197 (2005)

217 W.Va. 684

James A. CALVERT, Jr., an Individual and as Representative of the Estate of James A. Calvert, Sr., Deceased; Kim Marie Kizer, an Individual; Robin Calvert Boyias, an Individual; and William Carlyle Calvert, an Individual, Plaintiffs Below, Petitioners in No. 31789, Respondents in Nos. 31788 & 31790, v. William SCHARF, an Individual; And Bowles Rice McDavid Graff & Love, P.L.L.C., a West Virginia Professional Limited Liability Corporation, Defendants Below, Respondents in No. 31789, Petitioners in Nos. 31788 & 31790.

Supreme Court of Appeals of West Virginia.

Decided June 30, 2005.

Attorney(s) appearing for the Case

Timothy J. LaFon, Michael J. Del Giudice, Ciccarello, Del Giudice & LaFon, Charleston and Carl S. Kravitz, Blair G. Brown, Zuckerman Spaeder, L.L.P., Washington, DC, for James A. Calvert, Jr., et al.

Charles R. Bailey, Billie Jo Streyle, Bailey and Wyant, P.L.L.C., Charleston, for William H. Scharf.

Michael J. Farrell, Robert L. Hogan, Farrell, Farrell & Farrell, L.C., Huntington, for Bowles Rice McDavid Graff & Love, P.L.L.C.

DAVIS, Justice:

In this action for attorney malpractice in the drafting of a will, the circuit court of Kanawha County certifies nine questions for determination by this Court. The subject will purported to exercise a power to appoint granted to Erma D. Surface, deceased, by her deceased husband's will. This malpractice action was brought by James A. Calvert, Jr., individually and as personal representative of the estate...

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