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REED v. ROGERS

188 S.E.2d 88 (1972)

212 Va. 749

Clarence E. REED, Individually, Etc. v. David L. ROGERS, Executor, Etc.

Supreme Court of Virginia.

April 24, 1972.

Attorney(s) appearing for the Case

Alex N. Apostolou, Roanoke, for appellant.

Charles D. Fox, III, Roanoke (Hunter, Fox & Trabue, Roanoke, on the brief), for appellee.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

PER CURIAM.

This is an appeal by Clarence E. Reed from a decree of the court below holding that a certain writing probated on September 18, 1967, is the true last will and testament of Nathan Fleming Duncan. In his bill of complaint Reed alleged that David L. Rogers, Duncan's executor, and others had exerted undue influence and deception upon the decedent; and that the decedent did not possess the requisite testamentary capacity to make and execute a valid will on...

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