KIDDELL v. LABOWITZ

Record No. 111236.

733 S.E.2d 622 (2012)

284 Va. 611

Laurie A. KIDDELL, et al. v. Ken LABOWITZ, Executor of the Estate of Louise Bradford Judsen.

Supreme Court of Virginia.

November 1, 2012.


Attorney(s) appearing for the Case

Jacob A. Kamerow , Alexandria, for appellants.

Anne M. Heishman ( Peter Dingman ; Dingman and Labowitz, Alexandria, on brief), for appellee.

Present: All the Justices.


Opinion by Justice CLEO E. POWELL.

In this will contest, we consider whether the circuit court erred in instructing the jury as to the existence of the presumption of testamentary capacity. Appellant contends that, under the facts of this case, the presumption disappeared, and it was error to instruct the jury regarding the presumption. We conclude that the presumption does not necessarily disappear in the face of evidence to the contrary. Moreover, the circuit court...

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