Trail v. Hawley

Neely, Justice:

This case presents the question of whether the heirs 1 of a deceased may bring a declaratory judgment action to determine if the deceased’s personal representative is prosecuting a wrongful death action in consonance with her fiduciary duty to the heirs. We find that they may.

On 3 July 1978, Paul Dunn was killed in an automobile accident leaving as his heirs the petitioners, his sisters. Mr. Dunn left a will naming the appellee, respondent below, Helen Hawley, executrix. On 14 July 1978, the appellants, petitioners below, employed a law firm in Beekley, West Virginia to…