Commission appoints fiduciary commissioner to review contested Swinson estate accounting

MARTINSBURG, W.Va. — The Berkeley County Commission voted to appoint a fiduciary commissioner to review the estate accounting and, if necessary, subpoena bank and mortgage records after competing petitions in the estate of James Sherrard Swinson Sr.

Will Laurenson (identified in the record) outlined the probate timeline: the decedent died on June 22, 2024; a purported will dated Nov. 29, 1985 was presented on Jan. 2, 2025 and named Cynthia D. Winters as executrix while naming Robert Blackman and James Swinson Jr. as residual beneficiaries. Counsel for James Swinson Jr., Todd Phillips, petitioned to remove Mr. Blackman as administrator for allegedly misstating heirs under oath and for an accounting. Phillips asked the commission to assign a fiduciary commissioner with subpoena power to obtain bank and mortgage records and to consider removal of the executrix.

Robert Allen Blackman appeared and defended his actions, saying he was carrying out the decedent’s verbal wishes and that he had hired an accountant and paid estate expenses out of pocket while attempting to sell the property to provide the younger heir his share. Phillips and others noted problems in the interim accounting, including roughly $9,500 in attorney fees not fully explained, Comcast/Internet payments that appeared to be estate charges totaling about $6,000, and an apparent missing amount of over $5,000 in the accounting.

Commissioners discussed the limits of their authority and that the West Virginia Code grants subpoena power to a fiduciary commissioner. On motion and second, the commission appointed a fiduciary commissioner on the rotation list to review the interim settlement and to pursue subpoenas as allowed by statute; the motion carried on a voice vote.

What happens next: A fiduciary commissioner will be assigned to review accounts, pursue subpoenas for records if authorized, and possibly hold further hearings depending on findings.