Watson v. Santalucia
West Virginia Supreme Court
1Opinion of the Court
NEELY, Justice:
The question before us is what happens when a stock splits immediately before the death of a testator, and the testator has left a specific number of shares to his heirs. Traditionally, we viewed such a question as turning on whether the bequest was “specific” or “general” and then applied the result thought to follow automatically from the chosen label. However, the problems created by the use of the distinction between “general” and “specific” legacies in the stock split situation far outweigh any advantages to be gained by relying on those classifications. Instead we adopt…
2Cases cited11 opinions
- Eisner v. MacOmberSupreme Court of the United States · 1920
- Eisner, Internal Revenue Collector v. MacOmberSupreme Court of the United States · 1919
- Weiss v. SotoWest Virginia Supreme Court · 1957
- Weiss v. SotoWest Virginia Supreme Court · 1957
- In Re Parker's EstateDistrict Court of Appeal of Florida · 1959
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3Cited by4 opinions
- East v. Estate of EastIndiana Court of Appeals · 2003
- Marsh v. Delta Gamma Anchor Center for Blind ChildrenColorado Court of Appeals · 2004
- Ernest G. Ours v. Felicisima OursWest Virginia Supreme Court · 2018
- Jeffrey Darago, of the Estate of Oscar Darago v. Rodney Darago and Cathy ReeserIntermediate Court of Appeals of West Virginia · 2023