THOMPSON V. ROYALL, 163 Va. 492, 175 S.E. 748 (1934), CASE BRIEF

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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