Monthly Archives: January 2016
“IF ANY BENEFICIARY UNDER THIS WILL CONTESTS THIS WILL OR ANY OF ITS PROVISIONS, ANY SHARE OR INTEREST IN MY ESTATE GIVEN TO A CONTESTING BENEFICIARY UNDER THE WILL IS REVOKED AND SHALL BE DISPOSED OF AS IF THAT CONTESTING BENEFICIARY HAD NOT SURVIVED.“
To make matters worse, Executor Michael Murphy and the three beneficiaries who lost their lawsuit to oust Ms. Mitchell decided to appeal Judge Alsop’s Gilmer County decision to the West Virginia Supreme Court of Appeals. In the Supreme Court of Appeals Memorandum Decision filed October 18, 2013, Judge Alsop’s decision in favor of Ruth Mitchell and Marlea Cottrill was affirmed. The Supreme Court wrote, that, “The relief that petitioners sought beyond clear title – that is, ejectment – is wholly inconsistent with the decedent’s directive that respondent be provided a residence.“ The legal bill for these actions totaled Twenty-Seven Thousand ($27,000.00) Dollars; Executor chose to charge one-fourth of that cost to Marlea Cottrill, who opposed the civil suit and appeal.
The County Commission, in order to finalize and settle the Estate of Willard F. Cottrill, should find that the civil lawsuit and its appeal were contests to the provisions of the will.
In accordance with the clear and unambiguous language of the will, those beneficiaries who contested the Article V, Section 2 provision of the will should be declared contesting beneficiaries, per Article X of the will.
Any share or interest in the will already distributed to those contesting beneficiaries shall be refunded to the estate forthwith.
That the sole non-contesting beneficiary to the will is Marlea Cottrill, and Ms. Cottrill shall be declared the sole beneficiary of the estate of WillardF.Cottrill.
Any legal expense of the contesting lawsuit and its appeal shall be charged to the Executor and three co-plaintiffs/petitioners personally.
Once again the Willard F. Cottrill Estate issue was on the Gilmer County Commission’s agenda for the meeting on Friday, January 22, 2016.
There have been many issues involved in this estate going from Magistrate Court to Circuit Court and even to The WV Supreme Court of Appeals which made it difficult for the Commission to make a decision.
Following an order from the Gilmer County Circuit Court, Commissioners had 120 days to make a decision.
Gilmer County Prosecutor Gerry Hough laid out the options to the Commission. After discussion, the following decision was made by the Commission:
Since all the heirs except Marlea Cottrill had contested the will and in violation of the will, have disqualified themselves from the estate. Marlea Cottrill is entitled to the entire estate and Ruth Mitchell can stay in the house as long as she desires.
Please see the details below and in the
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WILLARD COTTRILL ESTATE DEBACLE 2016 INCLUDES a WHOLE NEW YEAR of Embezzlement Cover up CROOKED COUNTY Style!
Linda Huff, since this video of Marlea Cottrill before the Gilmer County Commission was published, WAS INDEED appointed as the new fiduciary commissioner. We concerned citizens guaranteed that she would find quite a lot wrong with the paperwork, and SHE DID! Also the fact that an accounting for the estate had never been done, ever, should not be overlooked.
Will the Gilmer County Commission be put in a situation where they have to uphold the law, against outside people from New York State that think that Gilmer County people are all a bunch of hilljack hillbillies and they could never get caught for their alleged crimes? Only time will tell …but we have a feeling it is not going to be easy going for Mike Murphy now, it all depends on how harsh the order is due out by Gerald B Hough prosecuting attorney for Gilmer County. Gerry represents the commission, and I predict, the order he serves Murphy, is going to be something that might bring matters to court for a true accounting of the entire matter, maybe, even a situation that could lead to others being implicated in wrongdoing besides the executor Mike Murphy.
Is TIME on our side West Virginia? Will Mike Murphy the executor along with his wife Venita Cottrill who administered a lethal dose of drugs to Willard Cottrill FINALLY be made to be held responsible for their wrongful actions, as well as the actions of others involved in this theft of property, and murder? Only time will tell… is TIME on OUR SIDE?!
By Editor Edison – CalPatty Press Editor for Revenge of the the Ghost Wolf
The Secret Seven Coalition and the Council of Concerned Citizens have been meeting in secret and staying behind the scenes for months. as many of the legal aspects of the Willard Cottrill Estate have started to play out. Always from the beginning, there was a problem with the accounting and a problem with Mike Murphy the executor of the Willard Cottrill Estate. Now we can ALL GET A CLUE for just in the last couple of days, Mike Murphy the executor called the courthouse and requested that he resign as the executor. Seriously? After the final settlement we all waited five years for, Mike Murphy thinks he can call the Gilmer County Circuit Court Clerk Karen Elkin and request that he be able to resign even though he is the one holding the 338,000.00 bond that is…
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After looking hard at all of these facts and studying the accounting, just days ago, I called the Cottrill Estate Executor Mike Murphy to ask him some questions about why he is making his appeal, and his answer was that he was trying to pursue getting the estate closed.
I asked him did he have a comment pertaining to the fact the final accounting was disapproved. And disapproved was the exact word I used in my query of Murphy. Mike Murphy said that the Cottrill Estate Accounting WAS approved, and that I should confirm that with Jean Butcher the Gilmer County Commission Clerk. Mike Murphy informed me that Jean Butcher had issued some order, and that the accounting had been approved.
I informed Mike Murphy that I was the reporter that had written all the Cottrill Estate articles in the GFP going back four years, and further, that when anyone wanted facts about that case, usually they asked me about it. I then asked him if he had read Linda Huffs report to the commission, and he never really answered that question, but he did structure a rather long, meaningless retort using rhetoric that made absolutely no sense. I had to laugh a little at his answer for it seemed he was still sticking to his story that nothing was wrong and that it had always been in the plans that the accounting would be approved, and in his opinion it was approved, and that it was a matter of natural, normal procedure, and that if I were to call Jean Butcher at the courthouse, and I would find that all to be true just like he said.
My interview with Mike Murphy soon ended because he was answering my questions by talking in circles using a bunch of useless words that meant nothing, which I found quite frustrating.
Soon, I had Jean Butcher on the phone. Jean Butcher flatly denied ALL statements made by Mike Murphy and reported to me, the answer I knew to be true, for I watched the video of the Gilmer County Commission meeting where the final settlement was rejected due to discrepancies of a major concern pointed out by the special fiduciary commissioner Linda Huff.
I then called Karen Elkin Gilmer County Circuit Clerk to get a copy of 15C-33 and in Mike Murphy’s own words he states the reason for his appeal to the commission was due to the “REJECTED SETTLEMENT OF THE ESTATE,” and those were in his own words. Therefore, Murphy knew he was being untruthful.
By Editor Edison: CalPatty Press Editor for Revenge of the Ghost Wolf
We are less than two weeks into 2016 and several Cottrill Estate Issues are on the Circuit Court Docket this year. Monday January 11th Michael Murphy the executor of the Cottrill Estate has a status hearing on his appeal of the rejected final settlement involving the Cottrill Estate. The Docket number is 15C-33. There is also another docket number still on the books for Mike Murphy which is 15C-20, in which Judge Alsop took action by writing a letter to the County Commission requesting that they finish up the final accounting after five years of languishing in the courts.
In a recent GFP article, it was mentioned that Larry Chapman got Linda Huff to serve as fiduciary commissioner, so that was a very positive action, which resulted in a job well done. But, also, it is important to…
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