Elliott v. Fidelity National Bank

By Judge William W. Sweeney

This matter is before me on exceptions to the Commissioner’s report. A hearing was conducted in Lynchburg on September 13, 1974, at which time I withheld my decision. I have now had an opportunity to review the file and the briefs.

The material facts as stipulated by counsel are that Harvey Douglas Elliott died testate in the City of Lynchburg, Virginia, on October 14, 1969. His will (Exhibit 1) dated April 13, 1956, was probated in the Corporation Court for the City of Lynchburg, Virginia (now Circuit Court) on October 23, 1969, and was recorded at Will Book CC,…