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PRESNELL v. PRESNELL

No. 17-0857.

824 S.E.2d 25 (2019)

Jonathan E. PRESNELL, Sr., Petitioner v. Eston J. PRESNELL, III, and Larry A. Wolfe, Jr., Individually and as Co-Executors of the Estate of Rosezella M. Presnell, Deceased, Judith E. Wolfe, and Eston J. Presnell, Jr., Respondents.

Supreme Court of Appeals of West Virginia.

Filed: February 15, 2019.

Attorney(s) appearing for the Case

David R. Collins, Esq. , Nelson M. Michael, Esq. , Tyler S. Rohrbaugh, Esq. , Nelson M. Michael, L.C., Keyser, West Virginia, Counsel for Petitioner.

Ramon Rozas, III, Esq. , Rozas Law Office, LLC, Cumberland, Maryland, Counsel for the Respondents Eston Presnell, III, and Larry Wolfe.

Lawrence E. Sherman, Jr., Esq. , Sherman Law Firm, Romney, West Virginia, Counsel for Respondent Judith E. Wolfe.

James E. Smith, II, Esq. , Law Office of James E. Smith, II, Esquire, Keyser, West Virginia, Counsel for Respondent Eston Presnell, Jr.

Rosezella Presnell (Testator) passed away in 2014 and her will devised a family farm and other property to her three children— Petitioner Jonathan Presnell and Respondents Judith Wolfe and Eston Presnell, Jr. Petitioner sought to have the family farm partitioned in kind and...

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