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SCHILLING v. SCHILLING

Record No. 091055.

695 S.E.2d 181 (2010)

David Von SCHILLING v. Robert H. SCHILLING, et al.

Supreme Court of Virginia.

June 10, 2010.

Attorney(s) appearing for the Case

Terry N. Grinnalds, Hampton, for appellant.

John F. Sawyer (Wolcott Rivers Gates, on brief), Virginia Beach, for appellees.

Present: All the Justices.

Opinion by Justice WILLIAM C. MIMS.

In this appeal, we consider whether Code § 64.1-49.1, effective on July 1, 2007, applies to a writing made in 2005 but not offered for probate as a holographic will until after the maker's death in September 2008.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

The circuit court decided this case on demurrer. When an issue has been decided on demurrer, we accept as true the facts alleged in the pleadings by the...

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