MATTHEWS v. MATTHEWS

Record No. 081251.

675 S.E.2d 157 (2009)

Kathy MATTHEWS, et al. v. Ingeborg D. MATTHEWS.

Supreme Court of Virginia.

April 17, 2009.


Attorney(s) appearing for the Case

H. Jan Roltsch-Anoll (Amy E. McCullough; Szabo, Zelnick & Erickson, on briefs), Woodbridge, for appellants.

William E. Glover (Leland L. Baker, Jr.; Glover & Dahnk; Hicks & Baker, on brief), Fredericksburg, for appellee.

Present: All the Justices.


OPINION BY Justice S. BERNARD GOODWYN.

In this case, we consider whether the circuit court erred in failing to dismiss a probate appeal when the party appealing the probate order of the clerk had also submitted a different will for probate.

On October 3, 2005, Donald A. Matthews, Sr. (Matthews) died, leaving a wife and three children from a prior marriage. Allan Scott Matthews, his son, qualified as administrator of Matthews' estate in the Circuit Court of...

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