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SMITH v. GILLIKIN

109 S.E.2d 121 (1959)

201 Va. 149

Virginia W. SMITH et al. v. Luther D. GILLIKIN, Surviving Executor, Etc., et al.

Supreme Court of Appeals of Virginia.

June 22, 1959.

Attorney(s) appearing for the Case

Toy D. Savage, Jr., Norfolk (Daniel H. Payne, Willcox, Cooke, Savage & Lawrence, Wolcott, Wolcott & Payne, Norfolk, on the brief), for appellants.

George E. Haw, Richmond (Haw & Haw, Richmond, on the brief), for Julia Bidgood Whitehurst, appellee.

James E. Heath, Norfolk, for Elizabeth C. Myers and Elizabeth J. Campbell, appellees.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD and I'ANSON, JJ.

BUCHANAN, Justice.

This suit was brought by Luther D. Gillikin, surviving executor of the will of Kate C. Wrenn, deceased, and committee of McDonald Lindsay Wrenn, Jr., also deceased, to have the court construe the will "and the annuity policies issued by Equitable Life Assurance Society" which had been purchased by Mrs. Wrenn some years before her death. The issue presented by the pleadings and decided by the trial court was whether the monthly payments under the...

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