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ESTATE OF FUSSELL v. FORTNEY

No. 11-0428.

730 S.E.2d 405 (2012)

The ESTATE OF Roger G. FUSSELL and Andrea M. Simmons, Executrix, Petitioners v. Kristi FORTNEY and Chanda Collette, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 12, 2012.

Attorney(s) appearing for the Case

John J. Wallace, IV, Esq. , Joseph A. Wallace, Esq. , Wallace Law Offices, L.C., Elkins, WV, Attorneys on behalf of Petitioners.

Harry A. Smith, III, Esq. , McNeer, Highland, McMunn and Varner, L.C., Elkins, WV, Attorney on behalf of Respondents.

KETCHUM, Chief Justice:

In this matter we consider whether a decedent's will that directs "all my just debts be paid as soon as conveniently possible after the date of my death" (hereinafter "just debts"), obligates the decedent's estate to pay the mortgage on two parcels of real property devised to the Respondents, Kristi Fortney and Chanda Collette (hereinafter "Respondents"). The Circuit Court of Randolph County determined that the "just debts" clause required...

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