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IN RE HESS' ESTATE

No. 12143.

128 S.E.2d 461 (1962)

In re O. M. HESS' ESTATE.

Supreme Court of Appeals of West Virginia.

Decided December 4, 1962.

Attorney(s) appearing for the Case

James W. Pyles, New Martinsville, Robert E. Wright, Sistersville, for plaintiff in error.

Steptoe & Johnson, Ernest C. Swiger, Clarksburg, for defendant in error.

BROWNING, Judge.

Appellant, residuary legatee under the will of O. M. Hess, was granted a writ of error by the Circuit Court of Tyler County to an order of the County Court of that county confirming the report of a commissioner of accounts in allowing a claim in behalf of Rose Hess in the amount of $6,000.00 against the estate of O. M. Hess. Thereafter, on March 20, 1961, the circuit court, on motion of the appellee, dismissed the writ of error as improvidently awarded...

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