Miller v. Robinson

MILLER, Justice:

These are two original prohibition cases which involve essentially the same issue, whether the Circuit Court of Cabell County has jurisdiction to order the probate court not to appoint an administrator cum tes-tamento annexo (c.t.a.) until further hearings are completed in the circuit court to determine the ultimate distribution under the will of C.J. Teubert, deceased.

The facts surrounding this controversy arise out of matters that occurred after our decision in In re the Estate of C.J. Teubert, Deceased, 171 W.Va. 226, 298 S.E.2d 456 (1982), in which we concluded that Mr.…