Legal Opinion

Baker v. Linsly

Supreme Court of Virginia

Decided April 21, 1989No. Record No. 870526PublishedCited by 6 opinions

1Opinion of the CourtRussell, J.

This appeal involves the construction of a will. Specifically, it requires us to determine whether the testamentary language was ambiguous, justifying the admission of extrinsic evidence to aid the court in determining the intent of the testatrix.

Alberta Virginia Baker, a resident of Virginia Beach, died on November 27, 1985. She was unmarried and childless. Aware that she was terminally ill, she had a will prepared by her attorney shortly before her death, which was thereafter admitted to probate. Its pertinent provisions are as follows:

*583Article I

[A direction to the executor to pay all just…

2Cases cited5 opinions

  1. Berry v. KlingerSupreme Court of Virginia · 1983
  2. Dillard v. DillardSupreme Court of Virginia · 1899
  3. Baliles v. MillerSupreme Court of Virginia · 1986
  4. Collins v. Hartford Accident & Indemnity Co.Supreme Court of Virginia · 1941
  5. Board of Missions of Methodist Episcopal Church South v. BrothertonSupreme Court of Virginia · 1941

3Cited by6 opinions

  1. Gillespie v. DavisSupreme Court of Virginia · 1991
  2. Huaman v. AquinoSupreme Court of Virginia · 2006
  3. Johnson v. Trust Co.Virginia Circuit Court · 2003
  4. Kasabian v. LittletonWarren County Circuit Court · 2000
  5. Landrith v. First Virginia BankFairfax County Circuit Court · 1995

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