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SMITH v. MUSTIAN

Record No. 760353.

234 S.E.2d 292 (1977)

Mary Lou Davenport SMITH v. C. Thomas MUSTIAN, Administrator, etc., et al.

Supreme Court of Virginia.

April 22, 1977.

Attorney(s) appearing for the Case

James R. Scott, Jr., Richmond (White, Cabell, Paris & Lowenstein, Richmond, on brief), for appellant.

C. Thomas Mustian, Richmond (Edward E. Lane & Assoc., Inc., Richmond, on brief), for appellees.

No brief for S. B. Mitchell and Mrs. S. B. Mitchell, appellees.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

COMPTON, Justice.

In this review of a final order entered in an inter partes probate proceeding, both litigants debate the legal effect of one of the provisions of the will and seek a construction of the entire document. Although not discerned by either party to this proceeding, such a determination is beyond the jurisdiction of the probate court. Hence, the appeal will be dismissed as improvidently awarded. The issue arises in the following manner.

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