792 S.E.2d 12
W. Va.2016Background
- Decedent Christine Ebert executed a West Virginia will in 2012 (naming Russell Mason executor and leaving property in WV and FL to various beneficiaries) and a second will in New York on January 30, 2014 (naming niece Christine Torrellas and revoking the WV will). Decedent died ten days later.
- The New York will was probated in New York surrogate court; Torrellas then sought ancillary ex parte probate in Mineral County, WV, which occurred July 24, 2014.
- Mason (executor under the 2012 WV will and beneficiary under it) claims Ebert was domiciled in WV, lacked testamentary capacity, and that Torrellas procured the NY will by fraud, undue influence, and while Ebert suffered dementia; Mason alleges he did not receive notice of the NY probate.
- Torrellas moved to dismiss in WV circuit court under Rules 12(b)(1) and (6), arguing lack of subject-matter jurisdiction due to New York probate and that Mason failed to state a claim; the circuit court granted the motion and dismissed with prejudice.
- The West Virginia Supreme Court reversed and remanded, holding that (on the complaint's allegations) the WV court could entertain a collateral attack on the NY probate, that Mason timely pursued relief under WV probate statutes, and that Mason’s fraud allegations met Rule 9(b) pleading requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether WV court may hear challenge to NY probate (Full Faith & Credit) | Mason: NY probate judgment can be collaterally attacked in WV where complaint pleads fraud and lack of NY jurisdiction (decedent domiciled in WV). | Torrellas: Full Faith & Credit requires WV to honor NY probate; challenge must be in NY. | Court: Plaintiff's fraud and jurisdictional allegations suffice to avoid Full Faith & Credit bar at pleading stage; case remanded for further proceedings. |
| Decedent's domicile and effect on jurisdiction | Mason: Ebert was domiciled in WV (residence, taxes, driver's license, property). | Torrellas: Ebert became domiciled in NY; Woofter forbids WV equity to set aside a will probated elsewhere for a nonresident. | Court: On Rule 12(b)(6), accept Mason's domicile allegations as true; Woofter inapplicable at pleading stage. |
| Proper WV procedure to challenge a foreign will | Mason: Timely filed in circuit court under WV statutes (within one year of ancillary probate); interested distributee may impeach ex parte probate in circuit court. | Torrellas: Challenge should have been before the county commission (Mineral County Commission). | Court: Mason had statutory right to impeach (W.Va. Code §41-5-11 / §41-5-13); circuit court jurisdiction appropriate. |
| Sufficiency of fraud pleading | Mason: Complaint alleges specific facts (two wills, signature differences, dementia, hospital execution, lack of notice) supporting fraud, undue influence, lack of capacity. | Torrellas: Fraud claim is conclusory and fails Rule 9(b) particularity requirements. | Court: Complaint pleaded fraud with sufficient particularity under Rule 9(b) to survive dismissal. |
Key Cases Cited
- Conley v. Gibson, 355 U.S. 41 (1957) (motion to dismiss standard: complaint not dismissed unless no set of facts would entitle plaintiff to relief)
- Chapman v. Kane Transfer Co. Inc., 160 W. Va. 530, 236 S.E.2d 207 (1977) (adopting Conley standard in WV)
- Clark v. Rockwell, 190 W. Va. 49, 435 S.E.2d 664 (1993) (Full Faith and Credit: sister-state judgments entitled to credit unless shown by pleading and proof to be procured by fraud or lacking jurisdiction)
- Thrasher v. Ballard, 33 W. Va. 285, 10 S.E. 411 (1889) (probate in another state is not conclusive in WV as to validity of a will concerning WV land)
- Woofter v. Matz, 71 W. Va. 63, 76 S.E. 131 (1912) (equity generally lacks jurisdiction to set aside probate of a nonresident's will probated in another state)