Mongold v. Mayle

McHUGH, Justice:

The appellant, Eulda K. Mayle, appeals an order of the Circuit Court of Grant County, which held, in a declaratory judgment action, that W.Va.Code, 42-3-7 [1992], which concerns premarital wills, precludes the application of W.Va.Code, 42-3-1 [1992], which concerns a surviving spouse’s right to an elective share. The appellees are Brenda J. Mongold and Linda L. Mullenax. For reasons set forth below, we reverse the order of the circuit court.

I

Jesse Mayle, a resident of Grant County, had two children from his first marriage. On June 22, 1981, after divorcing his first wife,…