BROWN v. FLUHARTY

No. 12-0365.

748 S.E.2d 809 (2013)

Douglas BROWN, Marion Robinson, Mason County Farm Museum, Mason County Board of Education, Henderson Church of Christ, Bob Rimmey, Heather Hutchinson, and Kayla Nave, Petitioners v. Robert D. FLUHARTY, in his fiduciary capacity as Executor of the Estate of Bright McCausland, Respondent.

Supreme Court of Appeals of West Virginia.

Decided September 12, 2013.


Attorney(s) appearing for the Case

John F. Allevato, Esq. , David R. Croft, Esq. , Spilman Thomas & Battle, PLLC, Charleston, West Virginia, R. Michael Shaw, Sr. Shaw & Tatterson, L.C., Point Pleasant, West Virginia, for the Petitioners.

Daniel J. Konrad, Esq. , Audy M. Perry, Jr, Esq. , Anna M. Price, Esq. , Huddleston Bolen, LLP., Huntington, West Virginia, for the Respondent.


PER CURIAM.

In the instant case, this Court is called upon to determine whether a testator's failure to sign his non-holographic will, or to request that it be signed on his behalf, renders the will void under the circumstances of this case or, indeed, under any circumstances. The circuit court concluded that the testator's will was void as a matter of law and granted judgment on the pleadings for the will's opponent. Upon careful review of the parties' briefs and...

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