JOHNSON v. CAULEY

Record No. 002058.

546 S.E.2d 681 (2001)

262 Va. 40

Peggy H. JOHNSON, et al. v. Geneva H. CAULEY, et al.

Supreme Court of Virginia.

June 8, 2001.


Attorney(s) appearing for the Case

William H. Oast, III (Andrew H. Hook; Oast & Hook, on briefs), Portsmouth, for appellant.

William F. Devine (Edith Diane Thompson; Christine H. Buchanan; Hofheimer Nusbaum, on brief), Norfolk, for appellees.

Present: All the Justices.


LACY, Justice.

In this appeal, we consider whether the trial court properly found that missing original testamentary documents were in the possession of the drafting attorney and were inaccessible to the testator, giving rise to a presumption that the documents were lost, not revoked.

Josephine S. Howell executed a will in 1985 and three codicils in 1987, 1990, and 1992. Upon her death in 1999, the original of the...

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