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MARTONE v. MARTONE

Record Nos. 980558, 980581, 980582.

509 S.E.2d 302 (1999)

257 Va. 199

Stephanie Gale MARTONE, a minor who sues by her mother and next friend, Monique R. MARTONE v. Joan D. MARTONE. Alan D. Albert, Guardian Ad Litem for the Unborn and Unknown Issue and Heirs of Alexander L. Martone, Deceased v. Joan D. Martone. Joseph C. Martone, et al. v. Joan D. Martone.

Supreme Court of Virginia.

January 8, 1999.

Attorney(s) appearing for the Case

Jerrold G. Weinberg (Cecelia Ann Weschler; Weinberg & Stein, on briefs), for appellant.

Alan D. Albert (Mays & Valentine, on briefs), Norfolk, for appellant (Record No. 980581).

K. Reed Mayo (Gregory N. Stillman; Hunton & Williams, on brief), Norfolk, for appellants (Record No. 980582).

Christine H. Buchanan, Norfolk; John E. Donaldson, Williamsburg (Robert C. Nusbaum; Linda S. Laibstain; Hofheimer Nusbaum, Norfolk, on brief), for appellee.

Present: All the Justices.

KINSER, Justice.

In this appeal, the primary issue concerns the meaning of the term "person interested" as used in Code § 64.1-90. Because some of the proponents of a decedent's prior will had a mere expectancy under that will and not a legally ascertainable, pecuniary interest, they are not "person[s] interested." Therefore, we will affirm the judgment of the circuit court dismissing this action.

I.

This suit was commenced on behalf of nine...

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