Legal Opinion

Browder-Martin v. Meneses

Norfolk County Circuit Court

Decided September 15, 2010No. Case No. (Civil) CL09-7811Published

1Opinion of the Court

By Judge Everett A. Martin, Jr.

Nettie-Browder Martin has filed a three-count complaint seeking (i) damages of $300,000, (ii) a declaration that a 2009 will is invalid, and (iii) a ruling that the Clerk’s probate of that will be “denied.” At the conclusion of the trial on July 28,1 granted the defendant’s motion to strike Counts II and III of the complaint. I found that the evidence was insufficient to establish a lack of testamentary capacity, undue influence, or duress.

Count I remains. In this count the plaintiff seeks damages for breach of a parol contract to make a will. She alleges, and I…

2Cases cited12 opinions

  1. Burdine v. Burdine's Ex'orSupreme Court of Virginia · 1900
  2. Atlantic Coast Line Railroad v. BryanSupreme Court of Virginia · 1909
  3. Ricks v. SumlerSupreme Court of Virginia · 1942
  4. Timberlake's Administrator v. PughSupreme Court of Virginia · 1932
  5. Rape v. LyerlySupreme Court of North Carolina · 1975

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