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BAUSERMAN v. DIGIULIAN

Record No. 800712.

297 S.E.2d 671 (1982)

Jane Lyles BAUSERMAN; Terry Gingell; Mary Gingell Walker; Thomas Gingell and Jane Gingell, Minors; Donald D. DiGiulian; Marie Ann DiGiulian and Charles Joseph DiGiulian, Minors v. John P. DIGIULIAN and William C. Bauknight, Co-Executors of the Estate of Inez A. DiGiulian, Deceased; John P. DiGiulian; Thomas M. DiGiulian; Carla DiGiulian and Anne D. Butler.

Supreme Court of Virginia.

December 3, 1982.

Attorney(s) appearing for the Case

Thomas A. Bovard, Guy O. Farley, Jr., Fairfax (Farley and Harrington, Ltd., Fairfax, on briefs), for appellants.

Jonathan S. Lynn, Warrenton (Thomas G. Martin, Warrenton, on brief), for appellees.

Before CARRICO, C.J., and COHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.

POFF, Justice.

The issue framed on this appeal is whether an executory land sales contract, conditioned upon the happening of an uncertain event, adeemed by extinction a specific devise of the property.

John P. DiGiulian and William C. Bauknight, executors of the estate of Inez A. DiGiulian, deceased, filed a petition for construction of Inez's will. Appellants, respondents below, are the named beneficiaries of a specific devise of the subject property (hereinafter...

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