Robertson v. Robertson

By Judge J. Michael Gamble

The Court grants the Demurrer to Count n of the Bill of Complaint.

Count II consists of a direct challenge to the will of Charles R. Dudley, dated August 27, 1991, and probated in the Clerk’s Office of the Circuit Court of Nelson County on November 20, 1991. Virginia only provides two methods of challenging the validity of a will. The first is an appeal from the probate order under § 64.1-78 of the Code of Virginia, and the second is a Bill of Complaint to impeach the will, devisavit vel non, under § 64.1-88 of the Code of Virginia (1950), as amended.

Count II in the…