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DAVEY v. ESTATE OF HAGGERTY

No. 32858.

637 S.E.2d 350 (2006)

Donald N. DAVEY and Nellie J. Davey, Plaintiffs Below, Appellants v. The ESTATE OF William H. HAGGERTY, et als., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided: May 12, 2006.

Concurring Opinion of Justice Benjamin July 27, 2006.

Attorney(s) appearing for the Case

Richard G. Gay, Nathan P. Cochran, Greg Garretson, Law Office of Richard Gay, Berkeley Springs, Clinton Ritter, Winchester, VA, for the Plaintiffs.

The Estate of William H. Haggerty, et als., Pro se.

PER CURIAM.

Donald N. Davey and Nellie J. Davey appeal from the November 8, 2004, order of the Circuit Court of Mineral County denying their motion for reconsideration following an adverse summary judgment ruling that was issued by the trial court on February 11, 2004. Through the civil action they initiated below, the Daveys sought a declaratory judgment that the last will and testament of William H. Haggerty that was admitted ex parte to probate more than five years...

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