Burge v. Fortney

DAVIS, Justice:

The appellant herein and defendant below, Kenneth Fortney [hereinafter referred to as “Mr. Fortney”], appeals from an order entered September 8, 2003, -by the Circuit Court of Marion County. By that order, the court determined that W. Va.Code § 38-8-1 (1999) (Supp.1999) did not prevent the appel-lee herein and plaintiff below, Delmus Burge [hereinafter referred to as “Mr. Burge”], from executing and suggesting upon Mr. Fortney’s individual retirement account [hereinafter referred to as “IRA”] funds held by The Equitable Life Assurance Society [hereinafter referred to as “The…