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State court of last resort · ST-VA-SC
Kiddell v. Labowitz
No. 111236Supreme Court of Virginia
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 …
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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…
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- Supreme Court of Virginia
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- Oct 4, 2026
- Last entry
- Nov 1, 2012
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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.
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