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Wills, Trusts & Estates Keyed to Bonfield
Thompson v. Royal
Citation:
175 S.E. 748 (Va. 1934)Facts
On September 4, 1932, Mrs. Kroll signed a will, witnessed by three individuals, and gave possession of the document to the named executor, H. P. Brittain, for safekeeping. A codicil was added on September 15, 1932, signed by Mrs. Kroll in front of two witnesses, and given to Judge S. B. Coulling, the attorney who prepared both documents. On September 19, 1932, Mrs. Kroll requested that the will and codicil be destroyed. However, after a suggestion by Judge Coulling, she decided to retain them as memoranda for a possible future will. Notations were added to both the will and codicil, indicating they were void but would be held by the executor or attorney as a reference for another will. Mrs. Kroll passed away on October 2, 1932, leaving behind a large estate and several relatives not named in her will. The will and codicil were subsequently offered for probate by some of the beneficiaries.
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