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O'BRIEN v. O'BRIEN

Record No. 990710.

526 S.E.2d 1 (2000)

259 Va. 552

Warren B. O'BRIEN, Executor Under the Will of Frances C. O'Brien, and Individually v. Jonathan A. O'BRIEN, et al.

Supreme Court of Virginia.

March 3, 2000.

Attorney(s) appearing for the Case

J. Barrett Jones (Jones & Green, on briefs), Charlottesville, for appellant.

Edward R. Slaughter, Jr., (Donald D. Long; Frank K. Friedman; Woods, Rogers & Hazlegrove, on brief), Roanoke, for appellees.

Present: CARRICO, C.J., COMPTON, LACY, HASSELL, KOONTZ, and KINSER, JJ., and STEPHENSON, Senior Justice.

STEPHENSON, Senior Justice.

In this appeal, we decide whether a provision in a will converted a legatee's debt into an advancement. We also review the trial court's rulings regarding the payment of attorneys' fees.

I

Jonathan A. O'Brien and David S. O'Brien, as two of the executors of the will of Frances C. O'Brien and also in their individual capacities (the Complainants), filed a bill of complaint against Warren B. O'Brien, as an executor under...

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