GIBBS v. GIBBS

Record No. 881266.

387 S.E.2d 499 (1990)

Samuel M. GIBBS, et al. v. Forrest D. GIBBS.

Supreme Court of Virginia.

January 12, 1990.


Attorney(s) appearing for the Case

George H. Gray (Outland, Gray, O'Keefe & Hubbard, Chesapeake, on brief), for appellants.

F. Jefferson James (Frederick H. Creekmore, Basnight, Creekmore, Wright, Jones & Kinser, Chesapeake, on brief), for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, RUSSELL, WHITING and LACY, JJ., and HARRISON, Retired Justice.


LACY, Justice.

In this will contest we consider whether the trial court properly instructed the jury on the burden of proof and the standard of proof required to establish testamentary capacity.

Nancy Louvina Bodwell's will, dated March 18, 1975, was admitted to probate on December 27, 1985. In June of 1986, Ms. Bodwell's brother, appellee Forrest D. Gibbs, sought to establish the authenticity of a later will purportedly executed by Ms. Bodwell on October...

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