Timberlake v. State-Planters Bank of Commerce & Trusts

201 Va. 950 (1960)

MAUDE MILLER TIMBERLAKE, ET AL.

v.

STATE-PLANTERS BANK OF COMMERCE AND TRUSTS, ET AL.

Record No. 5085.

Supreme Court of Virginia.

June 13, 1960.

Joe T. Mizell, Jr. and Jesse M. Johnson, for the plaintiffs in error.

Present, All the Justices.

Testatrix placed in the hands of the bank named as her executor a duly attested will dated October 29, 1954, and a second such will dated January 31, 1955, which in terms revoked all prior wills. In November of 1956 she withdrew the 1955 will with the stated purpose of making changes in it by executing a new testament. This will was never found…