Lotz v. Atamaniuk

HARSHBARGER, Justice:

The will of Linda Jean Atamaniuk, who died on April 15, 1978, was probated in Marshall County, West Virginia by her mother, Eugenia Lotz, who was named executrix and sole beneficiary. Linda’s estranged husband, Michael Peter Ataman-iuk, renounced the will and elected to claim his share of her estate as if she had died intestate. 1 Ms. Lotz sued, alleging that Atamaniuk was not entitled to share in Ms. Atamaniuk’s estate because he was living in adultery at the time of his wife’s death, and was thus barred from dower. 2 Ata-maniuk answered that his wife was a resident of…