Jonathan Presnell v. Eston Presnell, III, et al.

Case Number:
Case Date:
Case Information:
In this interlocutory appeal, petitioner challenges the order granting respondents/co-executors’ motion to sell part of a family farm of which petitioner is a one-third share legatee. Petitioner sought to partition the family farm in kind or by allotment. He argues the circuit court violated W.Va. Code § 44-8-1 by ordering that the co-executors could sell part or all of this “specific devise” without first complying with W.Va. Code § 37-4-3.