Russell v. Lipps

By Judge Charles E. Poston

Today the Court holds that under the circumstances presented, a codicil may be admitted to probate in the absence of the production of the last will and testament.

Facts

Mary B. Lipps, a resident of Norfolk, Virginia, died on December 13, 2003. At the time of her death, Ms. Lipps was divorced and left four surviving adult children: John Douglas Lipps, Martha Ann Ford, Betty Russell, and Norman Lipps.

Prior to her death, on October 25, 2002, the decedent executed a Last Will and Testament. A writing purporting to be a copy of the Last Will indicates the will was executed…