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Monongalia County Commission admits Erwin Gault will to probate; approves sending original will to South Carolina
Summary
The Monongalia County Commission on May 21 approved admitting a photocopied will for Erwin Gault to probate in solemn form, handled a resignation request for another estate administrator and authorized the clerk to forward an original will to a South Carolina probate court. President Ed Arnett recused himself from one estate action.
MORGANTOWN, W.Va. — The Monongalia County Commission on May 21 approved a petition to admit the last will and testament of Erwin Gault to probate in solemn form and authorized the county clerk to send an original will in a separate estate to a probate court in South Carolina.
The commission voted to admit the Gault will after an attorney for the petitioner said beneficiaries named in the will had received their legacies and the petitioner sought admission despite the document presented being a copy, not an original. “The petition is to admit the will to probate in solemn form,” attorney Mackie Brock said, adding that “we believe that the will meets all statutory requirements other than the photocopy aspect of it.”
The admission matters came alongside a separate request related to the estate of George Harold Burthy Jr. County staff explained an administrator for that estate sought to resign and requested that the clerk forward an original will to a probate court in South Carolina. Commissioners approved a motion authorizing the clerk to send the original will as requested.
The commission recorded recusals in the Burthy matter. President Ed Arnett was noted as recused for the administrator-resignation action, and another commissioner said they would abstain from a related action because of involvement in a prior, revoked estate matter. The commission proceeded with the motions in the presence of the petitioner’s representative and county staff.
Actions taken were procedural: admission of the Gault will to probate in solemn form, approval of a resignation request pending appointment of a new administrator for the Burthy estate, and authorization for the clerk’s office to transmit an original will to the South Carolina probate court. Commissioners indicated no objections to admitting the Gault will based on authenticity beyond the lack of an original document.
The matters were handled as routine probate business; the petitioner’s representative said evidence could be offered if necessary but that no objections were expected. The commission’s votes were recorded as approved during the May 21 meeting.
The commission did not specify a timetable for any further filings or for appointment of a new administrator in the Burthy estate. County staff will proceed with the clerical step of forwarding the original will to the named out-of-state probate court on the commission’s authorization.
