Holstein v. Holstein

Respectfully I dissent. My dissent is based primarily on the fundamental principle stated in the third point of the syllabus of the majority opinion, quoting the eleventh point of the syllabus of Smith v. Smith, 138 W. Va. 388, 76 S. E. 2d 253, which is as follows: “The exercise of discretion by a trial court in awarding the custody of minor children will not be disturbed on appeal unless it clearly appears that such discretion has been abused.” (Italics supplied.) To the same effect see Witt v. Witt, 141 W. Va. 43, pt. 4 syl., 87 S. E. 2d 524; Walker v. Walker, 109 W. Va. 662, 155 S. E. 903;…