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VICARS v. MULLINS

Record No. 812003.

318 S.E.2d 377 (1984)

Mary Lee VICARS, et al. v. Lois Frances MULLINS, et al.

Supreme Court of Virginia.

June 15, 1984.

Attorney(s) appearing for the Case

H. Eugene Cochran, Lebanon, for appellants.

Stephen M. Quillen; George A. Pruner, Lebanon, for appellees.

Present: All the Justices.

COCHRAN, Justice.

The question for determination in this appeal is whether the illegitimate son of a male devisee under a will is "issue" of the devisee within the meaning of the will.

James P. Keith died on February 15, 1904, leaving a will dated February 10, 1904, and probated in May of 1904. The will contained the following provisions:

Fourth: I will my grandson W.S. Salyer also one third of all my Real Estate to be given him on the upper end of...

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