Transamerica Occidental Life Insurance v. Burke

McHUGH, Chief Justice:

This interpleader action is before this Court upon appeal from a final order of the Circuit Court of Randolph County, West Virginia. The appellant, Brian K. Ferguson, seeks our review on behalf of himself and Jeffrey R. Ferguson and David S. Ferguson. Based upon our review of the petition, all matters of record and the briefs and oral argument of counsel, we reverse and remand for a new trial.

I

Richard Wayne Nelson (“the decedent”) was married twice. From his first marriage he had three children, namely, Anthony D. Nelson, Diana Marie Nelson Lothes (Phares) and Karen D.…