SUTTON v. SUTTON


72 S.E.2d 275 (1952)

194 Va. 179

SUTTON et al. v. SUTTON et al.

Supreme Court of Appeals of Virginia.

September 10, 1952.


Attorney(s) appearing for the Case

A. T. Eskridge, Pulaski, Price & Price, Johnson City, Tenn, Stant & Roberts, Bristol, Dalton & Poff, Radford, for appellants.

Peyton, Beverley, Scott & Randolph, Richmond, Bentley Hite, Christianburg, for appellees.

Before HUDGINS, C. J., and EGGLETON, SPRATLEY, BUCHANAN, MILER and WHITTLE, JJ.


EGGLESTON, Justice.

Nellie Eiffert Sutton and others, the widow and heirs at law of George Mack Sutton, deceased, filed their bill in equity against Nanye B. Sutton as executrix of the estate of Webb D. Sutton, and in her own right, seeking to establish a trust in and to certain personal estate owned by Webb D. Sutton at the time of his death and by the latter's widow, Nanye B. Sutton.

The bill alleged, in substance, that in 1928 Webb D. Sutton, who had recently...

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