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AGELASTO v. FRANK ATKINSON REAL ESTATE

Record No. 820400.

327 S.E.2d 84 (1985)

P.A. AGELASTO, Jr., et al., etc. v. FRANK ATKINSON REAL ESTATE, et al.

Supreme Court of Virginia.

March 8, 1985.

Attorney(s) appearing for the Case

G. Michael Price, Norfolk (Jett, Agelasto, Berkley, Furr & Price, Norfolk, on briefs), for appellants.

Edward T. Caton, Virginia Beach (Barry Randolph Koch, Caton & Koch, P.C., Virginia Beach, on brief), for appellee, Barbara Geitz.

No briefs or arguments for appellees, Frank Atkinson Real Estate, John Capps, Co-Guardian of the estate of Helen Capps Sparrow, or John T. Capps.

Present: All the Justices.

CARRICO, Chief Justice.

In the trial court, Frank Atkinson Real Estate (Atkinson) filed an amended motion for judgment against P.A. Agelasto, Jr., and Justine U. Capps, executors of the estate of Hoyt W. Capps, deceased (the Capps estate), and Barbara Marden Gietz and John Capps, guardians of the estate of Helen Capps Sparrow (the Sparrow guardianship). The motion alleged that either the Capps estate or the Sparrow guardianship was indebted to Atkinson in the sum...

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