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THOMASON v. CARLTON

Record No. 781610.

276 S.E.2d 171 (1981)

Theodore THOMASON in his Own Right and as Executor of the Estate of Maude L. Thomason v. Arlene Virginia CARLTON, Ralph R. Lester, Jr., Brenda Lester Catherwood.

Supreme Court of Virginia.

March 6, 1981.

Attorney(s) appearing for the Case

Charles R. Warren, Jr., Danville (Warren, Parker, Williams & Stilwell, Danville, on brief), for appellant.

Daniel L. Manson, Martinsville, for appellees.

Before CARRICO, C. J., and HARRISON, COCHRAN, POFF and COMPTON, JJ.

HARRISON, Justice.

The issue in this case is whether Mrs. Maude L. Thomason who died on November 3, 1975, when she was approximately ninety-one years of age, possessed testamentary capacity on March 23, 1973, when she executed her will. Arlene Virginia Carlton, a daughter of the testatrix, filed a bill of complaint against Theodore Thomason, son and executor of the testatrix, to set aside the will. On an issue devisavit vel non a jury found that Mrs. Thomason...

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