Kiddell v. Labowitz

PRESENT: All the Justices LAURIE A. KIDDELL, ET AL. OPINION BY v. Record No. 111236 JUSTICE CLEO E. POWELL November 1, 2012 KEN LABOWITZ, EXECUTOR OF THE ESTATE OF LOUISE BRADFORD JUDSEN FROM THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA Alfred D. Swersky, Judge Designate In this will contest, we consider whether the circuit court erred in instructing the jury as to the existence of the presumption of testamentary capacity. Appellant contends that, under the facts of this case, the presumption disappeared, and it was error to instruct the jury regarding the presumption. We conclude that the…