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FRANKLIN v. McLEAN

66 S.E.2d 504 (1951)

192 Va. 684

FRANKLIN et al. v. McLEAN et al.

Supreme Court of Appeals of Virginia.

September 5, 1951.

Attorney(s) appearing for the Case

Campbell & Campbell, Wytheville, Ralph R. Repass, Marion, for appellants.

H. P. Burnett, Galax, C. H. Funk, Marion, E. Sam Burnett, Jr., Galax, Lewis Preston Collins, Marion, for appellees.

Before EGGLESTON, SPRATLEY, BUCHANAN, MILLER and WHITTLE, JJ.

EGGLESTON, Justice.

E. F. McLean and other heirs at law of Nannie McLean Copenhaver, deceased, filed their bill in equity under Code, § 64-84, to impeach and set aside a certain paper writing which had been admitted to probate ex parte by the Circuit Court of Smyth county, Code, § 64-81, on November 8, 1948, as the last will and testament of the decedent. The plaintiffs alleged that the paper writing was not the decedent's "true last will and testament...

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