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RUST v. PHILLIPS

159 S.E.2d 628 (1968)

208 Va. 628

Mary RUST et al. v. Elizabeth R. PHILLIPS et al., Executors, etc., et al.

Supreme Court of Appeals of Virginia.

March 4, 1968.

Attorney(s) appearing for the Case

Lewis M. Costello, Winchester, Theodore Polydoroff, Washington, D. C., (Bryce Rea, Jr., Washington, D. C., Kuykendall & Whiting, Winchester, on brief), for appellants.

Thomas V. Monahan, Leesburg (Hall & Monahan, Leesburg, on brief), for appellees.

Before EGGLESTON, C. J. and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON, and HARRISON, JJ.

SNEAD, Justice.

In this appeal we are called upon to determine whether the evidence is sufficient to support a finding by the trial court that David N. Rust, Jr., deceased, made valid inter vivos gifts of certain negotiable instruments totaling $100,000 to his children.

On December 6, 1965, Elizabeth R. Phillips and Wilbur C. Hall, executors of decedent's estate, filed a bill of complaint which alleged, among...

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