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RUBLE v. RUBLE

No. 32506.

619 S.E.2d 226 (2005)

217 W.Va. 713

Albert E. RUBLE, Administrator C.T.A. of the Estate of Mary Alverta Green, Petitioner Below, Appellee v. Albert E. RUBLE, Betty Ruble, Jacob Mullett, Jeremy Potter, Mark Cappillini, Brenda Cappillini, Steven Brannon, Christine Brannon, Robert Declerico, and Philip Richel c/o Herod Funeral Home, Maude Copeland, Donald Copeland, Kathryn Evans, Betty Lou Green, James Green, Mary M. Bishop, Raymond Abernathy, Mary Margaret Sullivan, Martha Lancaster, Inez Deeley, and All Unknown Heirs of the Estate of Mary Alverta Green, Respondent Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided July 6, 2005.

Dissenting Opinion of Justice Starcher July 13, 2005.

Attorney(s) appearing for the Case

William L. Pennington, Morgantown, for Appellee.

James W. Courrier, Jr., Keyser, for Appellants.

PER CURIAM:

This case is before this Court upon appeal of a final order of the Circuit Court of Monongalia County entered May 7, 2004. In that order, the circuit court held that the residuary clause of a holographic will1 was valid and that the residue of the decedent's estate was to be distributed to the appellees and petitioners below, Albert and Betty Ruble (hereinafter "the Rubles"), in accordance with the terms of the holographic...

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