SIMMONS v. FUSSELL

No. 18-0210.

827 S.E.2d 35 (2019)

Andrea M. SIMMONS, Executor of the Estate of Roger G. Fussell, Petitioner Below, Petitioner v. Joann FUSSELL, Respondent Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: April 12, 2019.


Attorney(s) appearing for the Case

John J. Wallace, IV, Esq. , Joseph A. Wallace, Esq. , Wallace Law Offices, L.C. Inc., Elkins, West Virginia, Counsel for the Petitioner.

Harry A. Smith, III, Esq. , Jory & Smith, L.C., Elkins, West Virginia, Counsel for the Respondent.


Petitioner, as Executor of the Estate of Roger G. Fussell, appeals the February 7, 2018, order of the Circuit Court of Randolph County that affirmed an order of the Randolph County Commission, which, in turn, affirmed the findings of its special fiduciary commissioner. The special fiduciary commissioner found that: (1) two bank...

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