BALILES v. MILLER

Record Nos. 821813, 821815 and 821817.

340 S.E.2d 805 (1986)

Gerald L. BALILES, Attorney General of Virginia, et al. v. Giles H. MILLER, Jr., etc., et al. AMERICAN HEART ASSOCIATION, Virginia Affiliate, Incorporated v. Giles H. MILLER, Jr., Executor, etc., et al. The RECTOR AND VISITORS OF the UNIVERSITY OF VIRGINIA, et al. v. Giles H. MILLER, Jr., Executor, etc., et al.

Supreme Court of Virginia.

March 7, 1986.


Attorney(s) appearing for the Case

Roger S. Martin (George G. Grattan, IV, Charlottesville, David L. Ross, on briefs), for appellants in No. 821817.

J. Sloan Kuykendall, John E. Wetsel, Jr. (J. Sloan Kuykendall, III, Kuykendall, Wetsel & Kuykendall, P.C., Winchester, on brief), for appellees Anne Meade Smith Faulconer, Frances Conoly Bedell, Mark Coxe Prime, Joan Prime and Jane Fletcher Higgins.

No brief or argument on behalf of appellees Giles H. Miller, Jr., Executor of the Estate of Virginia Fletcher Wood, Deceased, American Heart Association, Virginia Affiliate, Incorporated, James W. Fletcher, Joan Coxe Lange, Parties Unknown and Parties Unknown Who May Be Infants or Incompetents.

Gregory N. Stillman (Hunton & Williams, Norfolk, on briefs), for appellant in No. 821815.

No brief or argument on behalf of appellees Giles H. Miller, Jr., Executor of the Estate of Virginia Fletcher Wood, Deceased, James W. Fletcher, Joan Coxe Lange, The Medical College of Virginia, Health Sciences Division of Virginia Commonwealth University, The Rector and Visitors of the University of Virginia, Attorney General of Virginia and Parties Unknown Who May Be Infants or Incompetents.

Kenneth W. Thorson, Senior Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellants in No. 821813.

No brief or argument on behalf of appellees Giles H. Miller, Jr., in His Own Right and as Executor of the Estate of Virginia Fletcher Wood, Deceased, James W. Fletcher, Joan Coxe Lange, American Heart Association, Virginia Affiliate, Incorporated, Rector and Visitors of The University of Virginia and The Medical College of Virginia, Health Sciences Division of Virginia Commonwealth University.

Present: CARRICO, C.J., POFF, COMPTON, STEPHENSON and RUSSELL, JJ., and HARRISON and GORDON, Retired Justices.


POFF, Justice.

We granted and consolidated these appeals, each challenging the chancellor's holding that one of the two bequests in a residuary clause was void for indefiniteness. The appellees are Giles H. Miller, Jr., in his own right and as Executor of the Estate of Virginia Fletcher Wood, deceased, and five of the seven heirs-at-law of the testatrix.1 The appellants are Gerald L. Baliles, Attorney General of Virginia, Commonwealth...

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