Harper v. CUMBERLAND & ALLEGHENY GAS COMPANY

Lovins, Judge:

This suit was instituted in the Circuit Court of Randolph County, West Virginia. The purpose of the suit was to settle the estate of Francis W. Whitecotton who died testate on the 13th day of October, 1949.

The suit was brought against the Cumberland Allegheny Gas Company, a creditor, Joe Smith, a creditor and a devisee, Mary Smith, a devisee and forty-one other persons who are devisees and creditors of Whitecotton, who will be hereinafter designated as the decedent. After the suit was instituted, one creditor came in by petition and proved his claim.

The aggregate of decedent’s…