Legal Opinion

In re Will of Morris

Spotsylvania County Circuit Court

Decided January 31, 2005No. Case No. CH04-982Published

1Opinion of the Court

BY JUDGE WILLIAM H. LEDBETTER, JR.

This case is before the court on appeal from the clerk’s rejection of a document presented for probate. The issue is whether the pen-and-ink portion of the document is a valid holographic will..

Facts

Theodore John Morris died at age 48 on September 22,2004, survived by his wife, Sheral Ann Morris, two minor children, and an adult child of a previous marriage.

On November 5,2004, Sheral Ann Morris presented to the clerk a paper purporting to be the last will of her deceased husband. The paper is a preprinted form. Certain blank spaces are filled in. Below the…

2Cases cited6 opinions

  1. In Re the Estate of TeubertWest Virginia Supreme Court · 1982
  2. Gooch v. GoochSupreme Court of Virginia · 1922
  3. Bell v. TimminsSupreme Court of Virginia · 1950
  4. Bailey v. KernsSupreme Court of Virginia · 1993
  5. Moon v. NorvellSupreme Court of Virginia · 1946

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