Kelly v. Belcher

HaymoND, Judge:

In this civil action, instituted in the Circuit Court of Kanawha County, West Virginia, August 12, 1969, to impeach an alleged holographic will of Edward H. Kelly, deceased, the circuit court denied a motion of the plaintiffs to set aside and vacate a judgment of dismissal of the action based upon a challenged compromise; and the principal question for decision is whether the plaintiffs, upon the facts, are entitled under Rule 60'(b) of the West Virginia Rules of Civil Procedure to relief from the order of dismissal.

In the original complaint, the plaintiffs were William G.…