Martone v. Martone

In this appeal, the primary issue concerns the meaning of the term “person interested” as used in Code § 64.1-90. Because some of the proponents of a decedent’s prior will had a mere expectancy under that will and not a legally ascertainable, pecuniary interest, they are not “person[s] interested.” Therefore, we will affirm the judgment of the circuit court dismissing this action.

I

This suit was commenced on behalf of nine-year-old Stephanie Gale Martone by her mother and next friend. Stephanie filed a bill in equity for issue devisavit vel non to determine which of three documents is the last…