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Keywords

statuteappealsummary judgmentwillcompliance

appealmotionsummary judgmentwillmotion for summary judgment

Related Cases

Stevens v. Casdorph, 203 W.Va. 450, 508 S.E.2d 610

Facts

Homer Haskell Miller executed his will on May 28, 1996, at Shawnee Bank in Dunbar, West Virginia, with the assistance of bank employees who acted as witnesses. However, the witnesses, Judith Waldron and Reba McGinn, did not actually see Mr. Miller sign the will, nor did he acknowledge his signature to them. After Mr. Miller's death on July 28, 1996, his nieces, the Stevenses, filed an action to challenge the validity of the will, arguing that it was not executed in accordance with the requirements of West Virginia Code § 41–1–3.

On May 28, 1996, the Casdorphs took Mr. Homer Haskell Miller to Shawnee Bank in Dunbar, West Virginia, so that he could execute his will. Once at the bank, Mr. Miller asked Debra Pauley, a bank employee and public notary, to witness the execution of his will. After Mr. Miller signed the will, 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.

Issue

Was the will of Homer Haskell Miller validly executed according to the requirements set forth in West Virginia Code § 41–1–3?

Rule

Testamentary intent and a written instrument, executed in the manner provided by West Virginia Code § 41–1–3, existing concurrently, are essential to the creation of a valid will.

Testamentary intent and a written instrument, executed in the manner provided by [ W.Va.Code § 41–1–3 ], existing concurrently, are essential to the creation of a valid will.

Analysis

The court analyzed the execution of the will in light of the statutory requirements, noting that the witnesses did not see Mr. Miller sign the will and that he did not acknowledge his signature to them. The court emphasized that the law requires both the testator's signature and the witnesses' signatures to occur in each other's presence, which did not happen in this case. The court rejected the argument of substantial compliance, stating that the technical requirements of the statute must be met for a will to be valid.

In this case, none of the parties signed or acknowledged their signatures in the presence of each other. This case meets neither the narrow exception of Wade nor the specific provisions of W.Va.Code § 41–1–3.

Conclusion

The Supreme Court of Appeals reversed the Circuit Court's summary judgment in favor of the Casdorphs, declaring the will invalid due to improper execution.

In view of the foregoing, we grant the relief sought in this appeal and reverse the circuit court's order granting the Casdorphs' cross-motion for summary judgment.

Who won?

The Stevenses prevailed in the case because the court found that the will was not validly executed according to the statutory requirements.

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