Mason v. Mason

Harshbarger, Justice:

While in the hospital to undergo surgery for a cervical polyp, Clara Mason wrote a holographic will, which began, “Nov 4th 1973 - I am in the hospital for surgery, and in case I do not survive. Everything I have belongs to Mervin.” Ms. Mason survived the surgery and died on January 6, 1976 of an unrelated illness. The document was admitted to probate in Berkeley County on January 29, 1976, and in March, 1977, plaintiff, a beneficiary of said will, sued in circuit court to have the will construed. Defendants answered, but no party challenged the validity of the will or…