LEACH v. HYATT

Record No. 920271.

423 S.E.2d 165 (1992)

O. Max LEACH, Executor Under the Will of Sidney Louis Hyatt, Deceased v. Louis S. HYATT.

Supreme Court of Virginia.

November 6, 1992.


Attorney(s) appearing for the Case

Dennis I. Belcher, Richmond (Amy T. Holt, McGuire, Woods, Battle & Boothe, on brief), for appellant.

No brief or argument on behalf of appellee, Louis S. Hyatt.

Present: All the Justices.


KEENAN, Justice.

In this appeal, we consider the validity of a clause in a will which gives the executor absolute discretion to dispose of the testator's property, provided that he does not use it to enlarge his own bequest under the will.

Louis S. Hyatt (the nephew) filed a bill of complaint challenging the will of his uncle, Sidney Louis Hyatt (Hyatt), who was unmarried and had no children at the time of his death. The nephew alleged that Hyatt did not fully...

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