Morgan v. Mayes

HARSHBARGER, Justice:

This appeal by Ward E. Morgan contests a Cabell County Circuit Court order dismissing his suit and granting the Mayes’ motion for summary judgment. Morgan had challenged Hattie C. Morgan’s will, alleging it was the product of undue influence. He was the adopted son of her son, Theo F. Morgan, but the trial court ruled that he was not “an interested person,” entitled to challenge the will. W.Va.Code, 41-5-11. 1

Ward Morgan was named Ward E. Spik-er at birth. His mother and father were later divorced, and in 1932 his mother married Theo F. Morgan, Jr., who adopted him. For…