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GRASTY v. CLARE

168 S.E.2d 261 (1969)

210 Va. 21

William T. GRASTY, Executor in Accordance with the Will of Robert Vanderpoel Clark, Jr., Deceased, etc. v. N. Holmes CLARE, Executor in Accordance with the Will of Robert Vanderpoel Clark, Jr., Deceased, etc., and Elizabeth D. Clark and Suzanne D. Clark. William T. GRASTY, Executor in Accordance with the Will of Robert Vanderpoel Clark, Jr., Deceased, etc. v. Suzanne D. CLARK, Elizabeth D. Clark and N. Holmes Clare, Executor in Accordance with the Will of Robert Vanderpoel Clark, Jr., Deceased, etc.

Supreme Court of Appeals of Virginia.

June 16, 1969.

Attorney(s) appearing for the Case

Bolling R. Powell, Jr., Upperville (George A. Horkan, Jr., Powell, Horkan & Powell, Upperville, on brief), for appellant.

Thomas V. Monahan, Leesburg (John S. Battle, Jr., William R. Waddell, Hall, Monahan & Engle, Leesburg, McGuire, Woods & Battle, Richmond, on brief), for appellees.

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

BUCHANAN, Justice.

Robert Vanderpoel Clark, Jr., a domiciliary and resident of Fauquier County, Virginia, died testate at age twenty-four on October 4, 1964. At time of his death testator owned real and personal property located in Virginia, valued at between $300,000 and $400,000, and intangible personal property the evidence of which was located in New York, valued at between $19,000,000 and $26,000,000.

His will, dated January 26, 1962, provided, in parts...

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