Monongalia County Commission admits will to probate, authorizes clerk to send original to South Carolina

The Monongalia County Commission on May 21 admitted to probate a last will and testament described in the petition as belonging to Erwin Gault and authorized the county clerk to send the original will to a probate court in South Carolina.

The admission was granted after county staff and an attorney representing the petitioner told commissioners the document met statutory requirements except that the copy on file is not the original. "The petition is to admit the will to probate in solemn form… the beneficiaries under the will have been provided their legacies," said Matthew Brock, who identified himself as representing the petitioner, Christine Kenny Gault. Brock said the petitioner has not yet received her full bequest and that she was prepared to offer evidence if necessary.

Commissioners discussed that the original could not be located in Monongalia County. The commission approved a separate motion authorizing the clerk's office to send the original will to the probate court in South Carolina when located, as requested in paperwork related to the estate.

The record shows recusals and abstentions tied to the estate administration. President Barnett recused himself from a related personnel matter because his name was mentioned in the request; another commissioner also said they would abstain because of prior involvement in a now-revoked action concerning a different estate. The commission approved a resignation request for the current estate administrator "pending application and approval of a new administrator," and recorded the recusals.

The attorney noted the will on file is a photocopy and that the petitioner believed no one else would object to admitting the copy to probate. The commission voted in favor of the probate admission and the clerk transfer request; the vote was taken by voice and recorded as in the affirmative.

County staff did not provide a dollar figure or a court case number in the public discussion. The transcript alternately refers to the decedent as "Erwin Bolt" and "Erwin Gault." The commission's action, as recorded, admits the will as presented in the petition and directs the clerk to send an original to the South Carolina probate court if and when the original is produced or obtained.

Officials: County Administrator Reneta McClure and attorney Matthew Brock were present during the item; Christine Kenny Gault is named in the petition as the petitioner.