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GORICZYNSKI v. POSTON

Record No. 931561.

448 S.E.2d 423 (1994)

Diane GORICZYNSKI, et al. v. Anita O. POSTON, Administrator, etc., et al.

Supreme Court of Virginia.

September 16, 1994.

Attorney(s) appearing for the Case

Jeffrey T. Talbert, Virginia Beach (Shuttleworth, Ruloff, Giordano & Kahle, on brief), for appellants.

W. Scott Street, III, Richmond (A. Peter Brodell; Williams, Mullen, Christian & Dobbins, on brief), for appellees American Cancer Soc., Virginia Div., Inc., and American Heart Ass'n, Virginia Affiliate, Inc.

Mary C. Hamilton, Norfolk (Vandeventer, Black, Meredith & Martin, on brief), for appellees Anita O. Poston, Adm'r d.b.n.c.t.a. of the Estate of Charles R. McCowen.

(Michael A. Glasser; Glasser and Glasser, Norfolk, on brief for appellees Henry Driver and Virginia Driver).

Present: All the Justices.

COMPTON, Justice.

In this appeal from a decree furnishing aid and direction to a decedent's personal representative, the principal question deals with the effect of handwritten pen-and-ink changes made to a typewritten attested will subsequent to its execution.

Charles Roach McCowen, the testator and a resident of Norfolk, died September 4, 1989. The testator's will, dated October 27, 1983, was probated by the clerk of the court below on September 6, 1989...

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