Weddle v. Nunley (In re Weddle)

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

Plaintiff-Debtors seek declaratory relief to have this court determine whether cer*416tain real estate in which they have a vested remainder interest is property of the Debtors’ estate in the present Chapter 13 case.

The essential facts are not disputed. On May 27, 1981, Homer Dale Weddle, husband of Elsie Marie Weddle and father of Junior Dale Weddle, executed a Last Will and Testament, which was later probated and is of record in the Clerk’s Office of the Circuit Court of Russell County, Virginia in Deed Book 28, Page 398. There is…