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NELMS v. NELMS

Record No. 850575.

374 S.E.2d 4 (1988)

Barbara B. NELMS, etc. v. Joseph Hunter NELMS, et al.

Supreme Court of Virginia.

November 18, 1988.

Attorney(s) appearing for the Case

Robert E. Gillette, Suffolk, for appellant.

Richard D. Mattox, Portsmouth, for appellee Eugene Nelms, Jr.

No brief or argument for appellees Joseph Hunter Nelms and Joseph Eugene Nelms, Sr., Deceased.

Present: CARRICO, C.J., POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ., and GORDON, Retired Justice.

POFF, Justice.

In a "Bill of Complaint for Declaratory Judgment" expressly invoking the chancery jurisdiction of the trial court, Herbert C. Nelms (Herbert) asked the chancellor to declare that Joseph Eugene Nelms, Sr. (Mr. Nelms), was competent to execute a deed conveying his homeplace to his son, Herbert. Herbert named his two brothers, Joseph Eugene Nelms, Jr. (Eugene), and Joseph Hunter Nelms (Hunter), and their father as respondents. Mr. Nelms died before trial...

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