ETGEN v. CORBOY

Record No. 821605.

337 S.E.2d 286 (1985)

Carolyn Elizabeth ETGEN v. J. Grant CORBOY, Adm'r. et al.

Supreme Court of Virginia.

November 27, 1985.


Attorney(s) appearing for the Case

D. Stephen Haga, Jr., Christiansburg, for appellant.

Gary C. Hancock (Samuel D. Campbell, Gilmer, Sadler, Ingram, Sutherland & Hutton, Blacksburg, on brief), for appellees Chris L. Flester and Nature Conservancy.

No briefs or arguments on behalf of appellees J. Grant Corboy, Adm'r, etc., Rilla M. King, or Episcopal Diocese of Southwestern Virginia.

Present: All the Justices.


THOMAS, Justice.

This appeal raises two issues of first impression in the Commonwealth: (1) whether the applicable statute permits partial revocation of a formally attested will by marks placed upon it by the testator with intent to partially revoke the will, and (2) whether the presumption that a testator marked on his will with intent to revoke portions of it can arise where two duplicate originals were in the possession of the testator from their execution until...

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