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PARISH v. PARISH

Record No. 092279.

704 S.E.2d 99 (2011)

David M.A. PARISH, Administrator of the Estate of Eugene Neal Parish v. Diane E. PARISH, et al.

Supreme Court of Virginia.

January 13, 2011.

Attorney(s) appearing for the Case

James M. Pickrell, Jr. ( Leah D. Copeland ; Kellam, Pickrell, Cox & Tayloe, Virginia Beach, on briefs), for appellant.

Jeffrey Tarkington ( Sheera R. Herrell ; Hofheimer/Ferrebee, Virginia Beach, on brief), for appellees.

Present: KOONTZ, KINSER, LEMONS, and MIMS, JJ., and LACY and RUSSELL, S.JJ.

OPINION BY Justice WILLIAM C. MIMS.

In this appeal of a will contest, we consider whether the circuit court properly found that the decedent, an "incompetent" person with appointed conservators, had testamentary capacity, and whether the circuit court properly held there was no presumption of undue influence when a major beneficiary of the will also was the decedent's conservator and acted as the decedent's translator during the drafting of the will.

BACKGROUND...

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