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Painter v. Coleman, etc., No. 30255
...In construing a will the intention must be ascertained from the words used by the testator.....Where a will is made it is presumed that the testator intended to dispose of his whole.....The interpretation of a will is simply a judicial determination of what the testator..
http://www.state.wv.us/wvsca/docs/Spring02/30255.htm (score=100)

Painter v. Coleman, etc., No. 30255
...In construing a will the intention must be ascertained from the words used by the testator.....Where a will is made it is presumed that the testator intended to dispose of his whole.....The interpretation of a will is simply a judicial determination of what the testator..
http://www.state.wv.us/wvsca/docs/spring02/30255.htm (score=100)

Hedrick, et al. v. Mosser, No. 31268
...In construing a will the intention must be ascertained from the words used by the testator.....The interpretation of a will is simply a judicial determination of what the testator.....In applying the words used by the testator in the will, this Court held as follows in..
http://www.state.wv.us/wvsca/docs/fall03/31268.htm (score=98)

Converted WP file 27665
...Where a will is made it is presumed that the testator intended to dispose of his whole.....Looking at the Testator's Will as a whole, your Commissioner does not believe that the.....It is the opinion of the Court that testator's language at the residuary clause of his..
http://www.state.wv.us/wvsca/DOCS/fall00/27665.htm (score=87)

Converted WP file 24969
...Where a holographic will contains words not in the handwriting of the testator, such words.....Wherever possible to bring into operation a testator's intention, a court will give such.....The paramount rule in construing a will is that the intention of the testator controls and..
http://www.state.wv.us/wvsca/DOCS/Spring98/24969.htm (score=83)

Converted WP file 21221
...Furthermore, a stock split is an event over which a testator rarely has control or advance.....Although this Court could have relied on the intent of the testator to reach its decision.....Without the general/specific fiction to rely on, we must now determine what this testator..
http://www.state.wv.us/wvsca/docs/spring93/21221.htm (score=83)

Converted WP file 25144d
...that the signature shall be made or the will acknowledged by the testator in the presence.....Where the attestation of the will by the witnesses occurred within the same room as the.....No will shall be valid unless it be in writing and signed by the testator, or by some..
http://www.state.wv.us/wvsca/DOCS/Fall98/25144d.htm (score=77)


...Strictly speaking, the actual intention of a testator has nothing to do with the legal.....No matter how clearly a testator may express his intention, the legal effect which shall.....However, approximately nine months prior to the testator's death, the legislature passed..
http://www.state.wv.us/wvsca/docs/spring97/23423.htm (score=74)


...The testator is survived by the plaintiff, his wife, and the defendants, two sons from a.....In his will written on March 31, 1993, the testator left the plaintiff a house which is.....According to the plaintiff, after he was released from the hospital, the testator was..
http://www.state.wv.us/wvsca/docs/spring96/22812.htm (score=69)

Converted WP file 25144
...No will shall be valid unless it be in writing and signed by the testator, or by some.....The relevant requirements of the above statute calls for a testator to sign his/her will.....Black establishes that mere intent by a testator to execute a written will is insufficient..
http://www.state.wv.us/wvsca/DOCS/Fall98/25144.htm (score=64)

Fall 1992 Opinion
...The procurement by the testator of attesting witnesses for a holographic instrument.....No will shall be valid unless it be in writing and signed by the testator, or by some.....The statute, however, does not address where the testator's signature must appear on the..
http://www.state.wv.us/wvsca/docs/spring92/20475.htm (score=64)

Fall 1992 Opinion
...The statute now provides that upon the divorce or annulment of the testator's marriage, the testator's will is.....If after executing a will the testator is divorced or his marriage annulled, the divorce.....If provisions are revoked solely by this section, they are revived by testator's..
http://www.state.wv.us/wvsca/docs/spring94/21831.htm (score=61)

Converted WP file 21150
...testator, and when the testator has manifested a general charitable intent in her will, a.....testator, and when the testator has manifested a general charitable intent in her will, a.....If a testator bequeathed $100,000 to his nephew, but the nephew died after the testator expired but before the testator's..
http://www.state.wv.us/wvsca/docs/spring93/21150.htm (score=59)


...Upon the trial of a case to impeach a will, the burden of proving capacity of the testator.....Upon the trial of a case to impeach a will, the burden of proving capacity of the testator.....It is not necessary that a testator possess high quality or strength of mind, to make a..
http://www.state.wv.us/wvsca/docs/spring96/22893.htm (score=54)


...In ascertaining the testator's intentions, a court must consider the will as a whole and.....No will shall be valid unless it be in writing and signed by the testator, or by some.....testator, the signature shall be made or the will acknowledged by him in the presence of..
http://www.state.wv.us/wvsca/docs/spring96/23054.htm (score=48)

Converted WP file 24798
...The time to be considered in determining the capacity of the testator to make a will is.....Merely because a testator may be incompetent to safely transact the general business.....It is not necessary that a testator possess high quality or strength of mind, to make a..
http://www.state.wv.us/wvsca/DOCS/Spring98/24798.htm (score=44)

Converted WP file 21562
...Upon the death of the testator, any person having custody of the testator's will is required by statute to deliver the will to the.....Upon receiving such actual notice, beneficiaries have notice that the testator has died.....testator's death and the institution of probate proceedings, have sufficient information..
http://www.state.wv.us/wvsca/docs/spring93/21562.htm (score=44)

Converted WP file 25428
...Simply put, the intent of the testator/settlor prevails and governs the final outcome of.....The will was executed one hour prior to the testator's death and no written notice was.....testator prevails, unless it is contrary to some positive rule of law or principle of..
http://www.state.wv.us/wvsca/DOCS/Spring99/25428.htm (score=44)

Ruble v. Ruble, et al., No. 32506
...In construing a will the intention must be ascertained from the words used by the testator.....Where a will is made it is presumed that the testator intended to dispose of his whole.....The interpretation of a will is simply a judicial determination of what the testator..
http://www.state.wv.us/wvsca/docs/spring05/32506.htm (score=43)

Smith v. First Community Bancshares, No. 30623
...The paramount rule in construing a will is that the intention of the testator controls and.....In construing a will the intention must be ascertained from the words used by the testator.....The paramount rule in construing a will is that the intention of the testator controls and..
http://www.state.wv.us/wvsca/docs/fall02/30623.htm (score=41)

Converted WP file 23152
...testator prevails, unless it is contrary to some positive rule of law or principle of.....testator at the time of his death, upon the payment of a sum named, such option is.....testator prevails, unless it is contrary to some positive rule of law or principle of..
http://www.state.wv.us/wvsca/docs/fall96/23152.htm (score=41)

Fall 1992 Opinion
...The power hereby given shall extend to any estate, right, or interest, to which the.....If a testator obliterates, deletes, or cancels a will, having a present intent to make a.....testator, or some person in his presence and by his direction, cutting, tearing, burning..
http://www.state.wv.us/wvsca/docs/spring94/22042.htm (score=39)

Plunley v. Bledsoe, No. 31764
...If a devisee or legatee die before the testator, or be dead at the time of making of the.....Suppose further that A murders the testator and is therefore barred by the slayer rule.....Most courts would give the estate to B, unless there is clear evidence that the testator..
http://www.state.wv.us/wvsca/docs/spring05/31764.htm (score=39)

Converted WP file 21351
...Pursuant to this statutory provision, the surviving wife or husband of the testator is.....However, the testator by will can convey only such property as he has, and only such.....testator's will or when no provision has been made for the spouse in the will, recently..
http://www.state.wv.us/wvsca/docs/spring93/21351.htm (score=38)


...In addition, one-third of the trust's income was to be equally divided between the.....In 1955, when the testator made the will, adopted children could not take through.....The trust terminated on May 17, 1980, twenty-five years after the testator's death. The..
http://www.state.wv.us/wvsca/docs/spring97/23589.htm (score=36)

Calvert v. Scharf, Nos. 31788, 31789, 31790
...Likewise, some courts have limited the evidence that may be used to establish the testator.....In Pivnick, the New Jersey Superior Court found that extrinsic evidence as to the testator.....testator's intent as expressed in the will is frustrated by the negligence of the testator..
http://www.state.wv.us/wvsca/docs/spring05/31788.htm (score=36)

Converted WP file 22633
...The fourth form of statements permits admission of statements of a testator that indicate.....testator indicating his state of mind offered on certain issues in a will case." 2.....testator's statements about various issues relating to the "'execution, revocation..
http://www.state.wv.us/wvsca/docs/spring95/22633.htm (score=31)

Converted WP file 22646
...Where legal capacity is shown, and the testator acts freely, the validity of the will can.....Where legal capacity is shown, and the testator acts freely, the validity of the will can..
http://www.state.wv.us/wvsca/docs/spring95/22646.htm (score=31)

Converted WP file 27756
...testator's or insured's relations with and attitude toward them is admissible to determine.....testator's or insured's intent to include them in the gift. Id. at 336, 368 S.E.2d at 306..
http://www.state.wv.us/wvsca/DOCS/fall00/27756.htm (score=31)

Ware, et al. v. Howell, No. 31973
...No will shall be valid unless it be in writing and signed by the testator, or by some.....testator, the signature shall be made or the will acknowledged by him in the presence of.....testator, and of each other, but no form of attestation shall be necessary. (Emphasis..
http://www.state.wv.us/wvsca/docs/spring05/31973.htm (score=30)

Converted WP file 22544
...testator's estate as he would have been entitled to if the testator had died intestate..
http://www.state.wv.us/wvsca/docs/fall95/22544.htm (score=30)

Farley v. Farley, No. 31567
...testator or grantor had power to dispose of, in such real property, unless a contrary..
http://www.state.wv.us/wvsca/docs/spring04/31567.htm (score=30)

Converted WP file 25806
...a) In the county wherein the testator, at the time of his death, had a mansion house or..
http://www.state.wv.us/wvsca/DOCS/Spring99/25806.htm (score=30)


...Affirming summary judgment for the trustee in an action brought by the testator's adopted..
http://www.state.wv.us/wvsca/TopJan97.htm (score=28)

State of West Virginia v. Ladd, No. 28853
...testator may have died seized or possessed, exercise such rights as the executor or..
http://www.state.wv.us/wvsca/docs/fall01/28853.htm (score=28)

Converted WP file 25336
...a life estate in the bank stock with the remainder interest left to the testator's..
http://www.state.wv.us/wvsca/DOCS/Spring99/25336.htm (score=28)

WV Supreme Court | Office of the Clerk | Recent Opinions
...testator's intent, as expressed in the will, has been frustrated by the negligence of the..
http://www.state.wv.us/wvsca/Clerk/Recent/2005/09/29.html (score=28)


...testator or grantor had power to dispose of, in such real property, unless a contrary..
http://www.state.wv.us/wvsca/docs/spring97/23374.htm (score=28)

Keesecker v. Bird
...testator's last domicile, and with respect to realty, the laws of the place where the..
http://www.state.wv.us/wvsca/docs/spring97/23386.htm (score=28)

Belcher, et al. v. Powers, No. 30432
...testator or grantor had power to dispose of, in such real property, unless a contrary..
http://www.state.wv.us/wvsca/docs/fall02/30432.htm (score=28)

Fall 1992 Opinion
...testator or grantor had power to dispose of, in such real property, unless a contrary..
http://www.state.wv.us/wvsca/docs/spring94/21822.htm (score=28)

Bond, et al v. Bond, No. 31310
...Moreover, the testator envisaged such an eventuality when he included the provision in his..
http://www.state.wv.us/wvsca/docs/fall03/31310.htm (score=28)

West Virginia Supreme Court | Office of the Clerk | January 2002 term...
...Rejecting contention that testator's will failed to properly devise the estate. WORKERS..
http://www.state.wv.us/wvsca/OpSum2.htm (score=28)

West Virginia Supreme Court | Office of the Clerk | January 2002 term...
...Rejecting contention that testator's will failed to properly devise the estate. WORKERS..
http://www.state.wv.us/wvsca/Opsum2.htm (score=28)

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