Davey v. Estate of Haggerty

Donald N. Davey and Nellie J. Davey appeal from the November 8, 2004, order of the Circuit Court of Mineral County denying their motion for reconsideration following an adverse summary judgment ruling that was issued by the trial court on February 11, 2004. Through the civil action they initiated below, the Daveys sought a declaratory judgment that the last will and testament of William H. Haggerty that was admitted ex parte to probate more than five years after Mr. Haggerty’s death was fraudulent and therefore unenforceable. In granting summary judgment against the Daveys, the trial court…