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CARSON v. SIMMONS

96 S.E.2d 800 (1957)

198 Va. 854

Catherine CARSON, and Leo N. Gillerlain and Catherine Carson, as Executors of the Will of Joseph P. Gillerlain, Deceased, v. June SIMMONS.

Supreme Court of Appeals of Virginia.

March 11, 1957.

Attorney(s) appearing for the Case

William C. Worthington, Norfolk (David R. Levin; Worthington & White, Norfolk, on brief), for appellants.

Charles B. Cross, Jr.; Gordon F. Marsh, Portsmouth, for appellee.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, WHITTLE and SNEAD, JJ.

SNEAD, Justice.

June Simmons, appellee, filed her bill of complaint on February 19, 1954, in which she prayed, inter alia, that premises 218 North Street, Portsmouth, Virginia, be partitioned in one of the methods prescribed by law. The appellants filed timely answers thereto in which they asserted that the prayer of the complainant's bill should be denied and requested the court to construe the will of her father, Joseph P. Gillerlain, to ascertain whether...

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