Davey v. Estate of Haggerty

(Filed July 27, 2006)

I join in the majority opinion. I write separately to emphasize the potential for the violation of the process due to heirs at law of an estate West Virginia’s ex parte procedures for probating a will. I believe this to be an issue ripe for consideration by the West Virginia Legislature.

Some may read the majority opinion as implying that if it were shown that the clerk of the county commission reported his ex parte probate of William Haggerty’s alleged will to the county commission and if the county commission confirmed the clerk’s probate as provided in W. Va.Code §…