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Edmonds v. Edmonds
141159 Edmonds v. Edmonds 06/04/2015 In a widow's "Complaint to Establish Copies of the Will and Trust Where Originals Cannot Be Located," the trial court did not err when it ordered a photocopy of a will to b…
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141159 Edmonds v. Edmonds 06/04/2015 In a widow's "Complaint to Establish Copies of the Will and Trust Where Originals Cannot Be …
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- June 4, 2015
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141159 Edmonds v. Edmonds 06/04/2015 In a widow's "Complaint to Establish Copies of the Will and Trust Where Originals Cannot Be Located," the trial court did not err when it ordered a photocopy of a will to be probated. The proponent of a missing will is not required to specifically prove what became of the missing will, but is required to prove, by clear and convincing evidence, that the testator did not destroy the will with the intention of revoking it. Here, it is clear from the transcript and the final order that the trial court applied the proper legal standard recognizing that, because the will was traced to decedent's possession but was not located at his death, the presumption of…
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