Jannetta Cook, Administratrix of the Estate of Jackie Epperson, deceased v. Charmco Riverside, Inc.; Sherri Yearego Gilkeson; and Jime Gilkeson

Summary

The Supreme Court of Appeals of West Virginia affirmed summary judgment for the defendants in an action concerning an alleged ownership interest in real property. The Court held that the circuit court properly exercised jurisdiction, and that the plaintiff’s claim was barred by the Statute of Frauds because no written instrument established the decedent’s ownership interest.

Holdings

1. The circuit court properly exercised jurisdiction; its reference to Nicholas County concerned the proper venue for matters pertaining to the estate, not a lack of subject matter jurisdiction.
2. Summary judgment for respondents was proper because the estate produced no writing signed by the party to be charged that evidenced Epperson's alleged ownership interest in the real property.

Questions Presented

1. Whether the circuit court lacked jurisdiction or otherwise improperly considered the action because the estate was probated in Nicholas County.
2. Whether summary judgment was proper where the estate offered only oral testimony and no writing to establish Epperson's alleged ownership interest in real property.

Disposition

affirmed