THOMPSON V. ROYALL
163 Va. 492, 175 S.E. 748 (1934)
NATURE OF THE CASE: This is a will contest. Appeal from order allowing probate. Thompson
(P), heirs at law, appealed from a judgment, which sustained the trial court verdict
probating the will of the testator in favor of Royall (D), beneficiaries.
FACTS: Testatrix executed a will and codicil. Thereafter, she wished to revoke both
instruments, and instructed her attorney to destroy them. Her attorney convinced her not to
have them destroyed, and to keep them as memoranda in case she decided to have a new will
drafted. Notes to this effect were handwritten by testatrix's attorney on separate pieces of
paper, signed by testatrix, and physically attached to the will and codicil. After
testatrix's death, some of the beneficiaries of the will and codicil (D) attempted to have
them probated. A jury found that the instruments were valid, and the court below ordered
them to be admitted to probate. Testatrix's heirs (P) appeal.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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