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EYBER v. DOMINION NATIONAL BANK OF BRISTOL OFFICE

Civ. A. No. 65-C-69-A.

249 F.Supp. 531 (1966)

Winifred Hicks EYBER, Betty Eyber Gallup, and Joyce Eyber Hunt v. DOMINION NATIONAL BANK OF BRISTOL OFFICE, the First National Exchange Bank of Virginia, Parks-Belk, Company, Inc. and Sherwin-Williams, Inc.

United States District Court W. D. Virginia, Abingdon Division.

January 17, 1966.

Attorney(s) appearing for the Case

Bradley Roberts, Stant & Roberts, Bristol, Va., William Wenke, Santa Ana, Cal., for plaintiffs.

Stuart Carter, and Francis W. Flannagan, Bristol, Va., for Dominion Nat. Bank of Bristol Office and First Nat. Exchange Bank of Va.

William H. Woodward, Bristol, Va., for Parks-Belk Co.

No attorney for Sherwin-Williams.

DALTON, Chief Judge.

This proceeding arises on a motion to dismiss the complaint, and the outcome turns on whether the situation is such as to allow this court to assume jurisdiction and in effect determine which of two writings, both purporting to be the last will and testament of Trula Hicks Rouse, is the true last will of that testatrix.

The first instrument, which the plaintiffs offer as the decedent's last will, was duly executed on September 7, 1951...

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