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CLARK v. GRASTY

168 S.E.2d 268 (1969)

210 Va. 33

Elizabeth D. CLARK, Suzanne D. Clark and N. Holmes Clare, Executor in Accordance with the Will of Robert Vanderpoel Clark, Jr., Deceased, etc. v. William T. GRASTY, Executor in Accordance with the Will of Robert Vanderpoel Clark, Jr., Deceased, etc.

Supreme Court of Appeals of Virginia.

June 16, 1969.

Attorney(s) appearing for the Case

Thomas V. Monahan, Leesburg (John S. Battle, Jr., William R. Waddell, Richmond, Hall, Monahan & Engle, Leesburg, McGuire, Woods & Battle, Richmond, on brief), for appellants.

Bolling R. Powell, Jr., Upperville (George A. Horkan, Jr., Powell, Horkan & Powell, Upperville, on brief), for appellee.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON and HARRISON, JJ.

BUCHANAN, Justice.

This appeal is incident to the parent case of Grasty v. Clare, Record No. 6858, Va., 168 S.E.2d 261, decided today. The issue is whether the court below committed reversible error in refusing to remove Grasty as an executor of the will.

By the will, as stated in the opinion in No. 6858, the testator appointed N. Holmes Clare and The Chase Manhattan Bank as executors of his will for all his assets, "with...

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