Foy v. County Commission of Berkeley County

McHUGH, Justice:

This case is before this Court upon the certified questions of the Circuit Court of Berkeley County, West Virginia. The petitioners, Lois Foy, Herbert V. Jones, Jr., and Shirley Alta Jones are children of Herbert Vauter Jones, Sr., who is now deceased. The respondents are the County Commission of Berkeley County, Eula Jones, the widow of the decedent, and Maria L. Childers, the fiduciary supervisor of the Berkeley County Commission.

I

Herbert Vauter Jones, Sr., died on June 10, 1992. Petitioner Foy was named, in the decedent’s will, as the executrix and a beneficiary.

At the time…