Davey v. Estate of Haggerty

637 S.E.2d 350, 219 W. Va. 453
CourtWest Virginia Supreme Court
DecidedJuly 27, 2006
Docket32858
StatusPublished
Cited by5 cases

This text of 637 S.E.2d 350 (Davey v. Estate of Haggerty) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davey v. Estate of Haggerty, 637 S.E.2d 350, 219 W. Va. 453 (W. Va. 2006).

Opinions

PER CURIAM.

Donald N. Davey and Nellie J. Davey appeal from the November 8, 2004, order of the Circuit Court of Mineral County denying their motion for reconsideration following an adverse summary judgment ruling that was issued by the trial court on February 11, 2004. Through the civil action they initiated below, the Daveys sought a declaratory judgment that the last will and testament of William H. Haggerty that was admitted ex parte to probate more than five years after Mr. Haggerty’s death was fraudulent and therefore unenforceable. In granting summary judgment against the Daveys, the trial court found the discovery rule inapplicable and relied upon both the six-month statutory period for challenging a will admitted to probate and the two-year statute of limitations for fraud to bar the Daveys from pursuing their claims. Upon our review of this matter, we determine that the trial court committed error in failing to apply the discovery rule to the statutory claim and by wrongly ruling that the statute of limitations had run with regard to Appellants’ common-law fraud claim. Accordingly, the decision of the circuit court is reversed and remanded.

I. Factual and Procedural Backgr ound

William Haggerty died intestate on June 10, 1989, leaving a wife, Edith E., and eight children. Appellant Nellie Davey is one of Mr. Haggerty’s eight children. Edith Hag-gerty was appointed as administratrix of the estate on June 23,1989.

On or about March 1, 1991, the Daveys moved onto a portion of the 177-acre homestead that was owned by Mr. Haggerty at the time of his death. The Daveys contend they moved onto the property with the con[455]*455sent of the estate and that they made major improvements to the property by establishing a residence, several outbuildings, a well, and a septic system.

On January 12, 1995, a document purporting to be the last will and testament of William H. Haggerty, which was dated November 16, 1988, was presented by Edith Haggerty to the County Clerk’s office for entry into probate. The Daveys maintain that they were not provided with notice of the ex parte filing of this document. The document at issue was recorded in the will book of the Office of the Clerk of the Mineral County Commission on January 12, 1995. Under this will, Edith Haggerty was the only named beneficiary.

The Daveys first learned of the existence of the purported will on October 29, 1996, when they received a letter from an attorney for the estate demanding that they vacate the property on which they were residing by midnight of November 30,1996. They maintain that the county clerk’s office never apprised them of the ex parte filing of the document in January 1995.

The Daveys did not discover the fraudulent nature of the purported will until April 24, 1998. On that date, they were informed by Gerald B. Richards, a forensics document expei’t, that the paper on which the purported will was written was not manufactured until two yeai’s after the date when the will was ostensibly executed.

On or about October 1, 1998, the Daveys filed their complaint with the circuit court, seeking a declaration of the will’s fraudulent nature. During the discovery phase of this ease, Mr. Richards was deposed. He testified that the will, in his opinion, is a forgery based on the fact that it purports to have been signed on November 16, 1988, but is printed on paper that was first manufactured in 1990.

As additional evidence of the fraudulent nature of the will in question, the Daveys obtained an affidavit from Edward Kennedy. Mr. Kennedy is the General Plant Manager of Southworth Paper Company, the company that manufactured the paper on which the purported will was prepared. In his affidavit, dated December 29, 1999, Mr. Kennedy verified the list of water markings used by Gerald Richards in identifying the manufacture date of the paper on which the purported testamentary document was printed.

When the Appellee estate was asked through a request for admissions if it had any facts with which to contradict the contents of Mr. Kennedy’s affidavit, the estate, through counsel, expressly indicated that “[t]hey admit that at this time they have no facts to contradict the contents of the Affidavit of Edward Kennedy.” To date, Appellants note that the estate has not presented any evidence to dispute the conclusions of Mr. Kennedy or Mr. Richards regarding the paper on which the will held out to be that of Mr. Haggerty was prepared.

Despite the lack of evidence to controvert the evidence suggesting that the purported will was a fraud, the trial court granted the Appellee estate’s motion for summary judgment on February 11, 2004, dismissing the case with prejudice. In making this ruling, the trial court concluded that both the six-month statutory period for challenging a probated will1 and the two-year limitations period for asserting a common-law fraud claim2 had passed before the filing of the underlying action.

The Daveys filed motions pursuant to both Rule 59(e) and Rule 60(b) of the West Virginia Rules of Civil Procedure through which they sought to have the trial court reconsider its ruling. On November 8, 2004, the trial court denied the post-judgment motions filed by the Appellants. It is from this denial that the Daveys seek relief.

II. Standard of Review

We announced the standard against which we review the denial of Rule 59(e) motions in syllabus point one of Wickland v. American Travellers Life Insurance Co., 204 W.Va. 430, 513 S.E.2d 657 (1998): “The standard of review applicable to an appeal from a [456]*456motion to alter or amend a judgment, made pursuant to W.Va.R.Civ.P.59(e), is the same standard that would apply to the underlying judgment upon which the motion is based and from which the appeal to this Court is filed.” Because the underlying ruling was a summary judgment motion, the standard of review for the Rule 59(e) motion is the same as that routinely utilized to examine whether a trial court correctly granted summary judgment. See Syl. Pt. 1, Painter v. Peavy, 192 W.Va. 189, 451 S.E.2d 755 (1994) (holding that grants of summary judgment are reviewed de novo).

With regard to a trial court’s decision not to grant a Rule 60(b) motion, we have recognized that an abuse of discretion standard governs that type of ruling. In Delapp v. Delapp, 213 W.Va. 757, 584 S.E.2d 899 (2003), we observed:

“[a] motion to vacate a judgment made pursuant to Rule 60(b), W.Va.R.C.P., is addressed to the sound discretion of the court and the court’s ruling on such motion will not be disturbed on appeal unless there is a showing of an abuse of such discretion.” ... “A court, in the exercise of discretion given it by the remedial provisions of Rule 60(b), W.Va.R.C.P., should recognize that the rule is to be liberally construed for the purpose of accomplishing justice and that it was designed to facilitate the desirable legal objective that cases are to be decided on the merits.”

213 W.Va. at 760, 584 S.E.2d at 902 (citations omitted).

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Davey v. Estate of Haggerty
637 S.E.2d 350 (West Virginia Supreme Court, 2006)

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637 S.E.2d 350, 219 W. Va. 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davey-v-estate-of-haggerty-wva-2006.