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RUTTER v. JONES, BLECHMAN, WOLTZ & KELLY

Record No. 012612.

568 S.E.2d 693 (2002)

264 Va. 310

Charles RUTTER, Executor of the Estate of Mildred Duncan v. JONES, BLECHMAN, WOLTZ & KELLY, P.C., et al.

Supreme Court of Virginia.

September 13, 2002.

Attorney(s) appearing for the Case

D. Hayden Fisher (Schaffer & Cabell, on briefs), for appellant.

John Y. Pearson, Jr. (Sarah L. Allgeier; Willcox & Savage, Norfolk, on brief), for appellees.

Present: All the Justices.

LACY, Justice.

In this appeal, we consider whether the executor of an estate could maintain an action for legal malpractice in the preparation of the decedent's testamentary documents.

FACTS

This case was decided on demurrer, and, therefore, we take as true all material facts properly pleaded by plaintiff Rutter and all inferences properly drawn from those facts. Burns v. Board of Supvrs., 218 Va. 625, 627, 238 S.E...

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