No. 19835 -- Mary B. Holstein v. Elborn Holstein

No. 19835 -- Mary B. Holstein v. Elborn Holstein
Neely, J., dissenting:
               Mr. and Mrs. Holstein married in 1981 when each was
almost 50.  Instead of insisting upon pages and pages of premarital
agreements and careful separation of bank accounts, the Holsteins
acted like a family.  When Mr. Holstein received a settlement from
a personal injury claim that occurred before the marriage, he
placed it into a joint account instead of sedulously protecting it
as his separate property.  My previous complaints seem to have
fallen on the majority's deaf ears, but I will keep trying.  See
Charlton v. Charlton, slip op. 19763 (W.Va. filed Dec. 6, 1991)
(Neely, J. dissenting); Koontz v. Koontz, ___ W. Va. ___, ___, 396
S.E.2d 439, 443 (1990) (Neely, J. dissenting); Whiting v. Whiting,
___ W. Va. ___, ___, 396 S.E.2d 413, 426 (1990).
               Imagine Mr. X and Ms. Y, each 50 years of age, preparing
to marry one another.  Mr. X has $50,000 in various bank accounts
that he has acquired through the course of his life.  Ms. Y owns a
house, with 10 years left on the mortgage, in which she has accrued
$50,000 in equity.  Mr. X's know-it-all friend, Mr. Z, takes him
out to dinner one night and tells him all about this Court's
previous decision in Whiting and its progeny.  He gets Mr. X all
upset about the gold-digging Ms. Y.  Thereafter, Mr. X insists upon
keeping his $50,000 in separate bank accounts.  Ms. Y, then,
insists on a written agreement providing that the house is her
separate property.  Now, instead of looking forward to a lifetime
of happy marriage, the parties must bring in their lawyers and
negotiate over who owns what.  This is not fiction but the reality
that the majority's opinions have created.
               Whiting v. Whiting must be overruled!
This system is : TechNet
This user is : connie        
topic no 11 Topic Name : 1991 Fall
current date  Tue Jul  9 10:08:04 1996
Entry # : 752  prepared Sep  3 14:26:32 1993
Author : Admin
Subject :DISSENTING/Mary B. Holstein v Elborn Holstein
CC : 2