West Virginia Supreme Court December 14, 1995, 22873 (Morton v. Amos-Lee Securities, Inc.)

RECHT, Justice:

INTRODUCTION

The appellant, Mark E. Morton, Executor of the Estate of Joseph R. Fitzpatrick, appeals a summary judgment entered by the Circuit Court of Kanawha County which held that there were no genuine issues of material fact and that from the pleadings, exhibits, memoranda and supporting documents, The Equitable Life Assurance Society of the United States (herein “Equitable”)