STEVENS V. CASDORPH 508 S.E.2d 610 (1998) CASE BRIEF

STEVENS V. CASDORPH

508 S.E.2d 610 (1998)

NATURE OF THE CASE: Stevens et al (Ps), nieces, appealed a decision that granted a motion by Casdorph (D), executors, for summary judgment in Ps' action challenging a will. Ps claimed that the decedent's will was not executed according to the requirements set forth in W.Va. Code 41-1-3 (1995).

FACTS: D took Miller to the Bank so that he could execute his will. Miller asked Pauley, a bank employee and public notary, to witness the execution of his will. Miller signed the will, and Ms. Pauley took the will to two other bank employees, Judith Waldron and Reba McGinn, for the purpose of having each of them sign the will as witnesses. Both signed the will. Both testified during their depositions that they did not actually see Miller place his signature on the will. It is undisputed that Miller did not accompany Pauley. Miller died and the will left the bulk of his estate to D. Ps filed an action to set aside the will. Miller's will was not executed according to the requirements set forth in W.Va. Code 41-1-3 (1995). All parties moved for summary judgment. The circuit court granted D's cross motion for summary judgment. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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