Suit claims elderly man was deceived by younger wife

Suing on behalf of the estate of Raymond W. Wagner, executor Robert Dennis Sandy claims defendant Kathryn D. Wagner maintained a deceitful relationship with Wagner and coerced him into spending thousands of dollars on her behalf.

Sandy is seeking the reimbursement of Kathryn D. Wagner's portion of Wagner's estate, as well as payments exceeding $30,083.80 he made for her.

In a suit filed March 15 in Upshur Circuit Court, Sandy claims Kathryn D. Wagner deceived her now-deceased husband, swindling him out of thousands of dollars. According to the filing, the two met in March 2004 when Kathryn D. Wagner was 48 and Raymond W. Wagner was 83.

The plaintiff contends Ms. Wagner had deceptive intentions as she applied pressure, manipulation, and threats to Mr. Wagner soon after they married on March 28, 2004. The suit also claims Ms. Wagner had a boyfriend during this period, of which Mr. Wagner knew nothing about.

The filing goes on to state that Mr. Wagner was frail, aged and highly susceptible to Ms. Wagner who then asserted undue influence on her elderly husband, including "fraudulent representation, manipulation, and emotional and physical coercion."

During this period, it is claimed that Mr. Wagner made more payments on behalf of Ms. Wagner, totaling $30,038.80. The suit claims he was manipulated to pay Ms. Wagner's debts and pawned jewelry. By April 30, 2004, Mr. Wagner attached Ms. Wagner's name to his deeds.

In the complaint, the plaintiff states that after only four months of marriage, Mr. Wagner filed for divorce on July 28, 2004. However, it is claimed that Ms. Wagner made additional deceitful promises and the divorce proceedings were dismissed. A second divorce filing on April 25, 2005, also ended with "renewed false promises" and it too was dismissed, the suit states.

A third divorce was filed on Aug. 9, 2005, but Mr. Wagner died on Sept. 22, 2005, before the divorce proceedings were completed.

The suit also says that Ms. Wagner attempted to manipulate family court Judge Robert Reed Sowa by mailing him a Christmas card in December 2005. Ms. Wagner wrote in the card that she had a desire to retain the home that her husband had, in her words, left to her.

In sum, the plaintiff seeks the portion of the estate granted to Ms. Wagner, as well as a reimbursement of $30,083.80, plus attorneys' fees and punitive and compensatory damages.

The case has been assigned to Circuit Judge Thomas H. Keadle.

Upshur Circuit Court case number: 06-C-35