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EWING v. GIBSON

102 S.E.2d 327 (1958)

199 Va. 860

Nathaniel EWING et al. v. Caleb J. GIBSON, Executor of the Last Will and Testament of H. C. T. Ewing, Deceased, et al.

Supreme Court of Appeals of Virginia.

March 10, 1958.

Attorney(s) appearing for the Case

Lucas D. Phillips, Leesburg (Stilson H. Hall, Leesburg, on brief), for appellants.

R. Harvey Chappell, Jr., Richmond (Wilbur C. Hall, Leesburg, J. Edward Thoma, Winchester, Christian, Barton, Parker & Boyd, Richmond, Harrison, Benham & Thoma, Winchester, on brief), for appellee.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, WHITTLE and SNEAD, JJ.

EGGLESTON, Justice.

H. C. T. Ewing died testate on October 1, 1954. After providing for the payment of his debts and funeral expenses and a suitable monument to mark his last resting place and that of his wife, Lucy L. Ewing, who had predeceased him, the will made this disposition of the residuum of his estate:

"All the rest, residue and remainder of my property, real, personal and mixed, wheresoever situated or...

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