Legal Opinion

Mask v. Luckado

Roanoke County Circuit Court

Decided June 3, 2011No. Case No. CL09-988Published

1Opinion of the Court

By Judge Robert P. Doherty, Jr.

Plaintiffs filed a complaint of devisavit vel non on June 26, 2009, alleging that Defendant Executrix and beneficiary of the decedent’s estate exercised undue influence over the testatrix in the preparation of a will and that the testatrix lacked testamentary capacity to sign the will. Plaintiff concludes that the testatrix’s will is invalid. After the suit was filed, Defendant alleged a conflict of interest with Plaintiffs’ counsel, and Plaintiffs hired a new lawyer. New counsel for Plaintiffs submitted an Amended Complaint adding counts claiming, among other…

2Cases cited7 opinions

  1. Vines v. BranchSupreme Court of Virginia · 1992
  2. Harbour Gate Owners' Ass'n v. BergSupreme Court of Virginia · 1986
  3. Carter v. WilliamsSupreme Court of Virginia · 1993
  4. Swanson v. Woods Service Center, Inc.Roanoke County Circuit Court · 2006
  5. Wallace v. ZollerWinchester County Circuit Court · 2000

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