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McKENZIE v. FRANCIS

197 S.E.2d 221 (1973)

214 Va. 104

Garfield A. McKENZIE and William B. McLeod, Administrators of the Estate of Laura Virginia Francis, Deceased, et al. v. Isaac Hathaway FRANCIS, IV, and Anne Hathaway Francis.

Supreme Court of Virginia.

June 11, 1973.

Attorney(s) appearing for the Case

James C. Breeden, White Stone (Ammon G. Dunton, C. Jackson Simmons, Dunton, Simmons & Dunton, White Stone on brief), for appellants.

H. Marston Smith, William T. King, Warsaw (Smith & Murphy, Warsaw, on brief), for appellees.

Before SNEAD, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

POFF, Justice.

This will contest turns on the question of revocation by obliteration. Deciding as a matter of law against revocation, the chancellor admitted the will to probate, and we granted the contestants an appeal from the decree entered on December 2, 1971.

After the death of Laura Virginia Francis on April 30, 1970, a paper writing dated February 8, 1959, signed by the decedent and written wholly in her hand, was found in her personal effects and presented...

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