Kiddell v. Labowitz
No. 111236 · Supreme Court of Virginia. Each entry below is the court's own record, with its date and a link. This page does not say which side is ahead or what an entry means.
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· Supreme Court of Virginia
AffirmedDenied
The court's record, as written
111236 Kiddell v. Labowitz 11/01/2012 (Revised 11/02/2012) In a will contest, the circuit court did not err in refusing to strike the proponent's evidence, in light of conflicting testimony about the capacity of the testator. In denying that motion, the circuit court did not rule that the presumption of testamentary capacity had been rebutted but simply ruled that the will opponent had put on sufficient evidence to survive the proponent's motion to strike. Therefore it did not err in instructing the jury about the presumption. The judgment entered upon the jury's verdict upholding the will is affirmed.
Outcome words in this text: denying, affirmed.
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