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DANTZIC v. DANTZIC

No. 33523.

668 S.E.2d 164 (2008)

Steven W. Chip DANTZIC, David Shawn Dantzic, and Karen Sue (Dantzic) Tucker-Marsh, Plaintiffs Below, Appellees, v. Timothy DANTZIC, Executor of the Estate of Luetta Dantzic Emmart Miller, Deceased, Timothy Dantzic, Nathan Dantzic, Carla Emmart, Debra Emmart, and Keyser Church of the Brethren, Defendants Below, Timothy Dantzic, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided: June 17, 2008.

Attorney(s) appearing for the Case

Harley O. Staggers, Jr., Daniel C. Staggers, Staggers & Staggers, Keyser, for the Appellant, Timothy Dantzic, Executor of the Estate of Luetta Dantzic Emmart Miller.

Robert Melody, Keyser, for the Keyser, Church of the Brethren.

Jason R. Sites, Barr Sites & Cissel, Keyser, for the Appellees, Steven W. Dantzic, David Shawn Dantzic, and Karen Susan Tucker-Marsh.

PER CURIAM:

This appeal is from a declaratory judgment action instituted by the appellees asking the Circuit Court of Mineral County to construe the will of Luetta Dantzic Emmart Miller (hereinafter "Mrs. Miller" or "decedent"). Timothy Dantzic (hereinafter "appellant" or "executor"), Executor of the Estate of Luetta Dantzic Emmart Miller, appeals from two orders rendered February 7, 2007. By those orders, the circuit court found that Mrs. Miller died partially testate...

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