Montgomery v. Montgomery

Berry, Judge:

This is an appeal from the Circuit Court of Upshur County, West Virginia, in a case involving the testamentary capacity of Charles J. Montgomery in connection with a will made by him on October 14, 1957, at Buckhannon, West Virginia. Charles J. Montgomery died on August 21, 1958, and the will was probated in solemn form in the County Court of Upshur County on December 3, 1959. The defendant herein, Cora Montgomery, widow of Charles J. Montgomery, appealed the case to the Circuit Court of Upshur County on March 14, 1960. The case was tried de novo in the Circuit Court of Upshur…