VA. FOUND. OF IND. COLLEGES v. GOODRICH

Record Nos. 921668, 921669.

436 S.E.2d 418 (1993)

VIRGINIA FOUNDATION OF INDEPENDENT COLLEGES v. Robert Paul GOODRICH. v. Mark P. FRIEDLANDER, Jr., Executor of the Estate of Shelley Krasnow v. Robert Paul GOODRICH, et al.

Supreme Court of Virginia.

November 5, 1993.


Attorney(s) appearing for the Case

Thomas J. Cawley, Fairfax (Robert J. Stoney, Kimberly A. Newman, Harry Frazier, III, Hunton & Williams, on briefs), for appellant in Record No. 921668.

(Thomas O. Lawson, Laurie E. Forbes, Rebecca G. Lawson, Lawson, Kipp & Forbes, Fairfax, on briefs), for appellant in Record No. 921669.

Alan B. Croft, Washington, DC (Rhonda J. Macdonald, Shaw, Pittman, Potts & Trowbridge, on brief), for appellee Robert Paul Goodrich.

No brief or argument for appellees Lois Whealey, Robert Berkover, Executor, etc., Raphael P. Koenig, Executor, etc., Leila C. Gurley, Gwyneth Wynne-Griffith, and Julia Martin.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, WHITING, LACY and KEENAN, JJ., and POFF, Senior Justice.


LACY, Justice.

In these appeals we consider whether a forfeiture provision in a will is actuated when a beneficiary files a declaratory judgment action seeking an interpretation of a phrase in the will.

Shelley Krasnow died on September 25, 1989. His will was admitted to probate, and Mark P. Friedlander, Jr., qualified as executor of the estate. Article X of the will provided for the distribution of "all other of my personal property exclusive of antique furniture...

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