Cabell County commissioners disallow will copy for one estate, permit copy for another and disallow creditor claim

Cabell County commissioners on Sept. 24 considered multiple probate matters and took three formal actions related to wills and claims.

County Attorney William Watson advised commissioners that a copy of the Last Will and Testament of Winslow G. Terry could not be entered into probate because the petitioner had not produced an affidavit showing a diligent search for the original will. "Without the Affidavit a copy cannot be allowed into Probate," Watson said. Commissioners voted not to allow the copy.

Separately, in the estate of Jerry Vincent Hughes, commissioners followed the fiduciary commissioner's report and approved a motion to disallow a remaining claim by Raymond Cyrus, which counsel described as barred by the doctrine of laches. The motion to disallow Cyrus's claim was moved by Commissioner Kelli Sobonya, seconded by Jim Morgan, and carried.

For the estate of Alice Hall-Rickard, an affidavit was presented showing a diligent search for the original will. Based on that affidavit, the commission approved admitting a copy of the will into probate.

Why it matters: probate rulings determine distribution of assets and settle creditor claims; disallowing a claim or refusing to admit a will copy can materially affect estate administration. The commission recorded motions and seconding votes in the public minutes.

Next steps: the minutes record the commission's rulings; no further action or appeals were recorded at the Sept. 24 meeting.