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21 Va. 211

Brent v. Dold

Court of Appeals of Virginia

Decided March 22, 1821

Court of Appeals of Virginia · decided 1821-03-22

Tiiebe were cross bills. The first was by William Bold and Sarah his wife, daughter of James Brent, against Landon Brent and others, children of James Brent deceased, claiming their distributive share of James Brent’s estate; alleging, that he died intestate; and that Landon and James Brent, claimed times-' tate under a forged will, which they pretended was lost. Many depositions were taken. Among others, that of the widow of the decedent, which was objected to.

Decided 1821-03-22

¶1An issue will be directed, on satisfactory proof adduced, to try wbe-ther a will said to be lost, was ever in fact executed, and what were its provisions.

¶2The defendants averred a genuine will was made, and that Sarah, the wife of the plaintiff, had concealed or destroyed it.

¶3Another witness employed as counsel when it was to have been offered for probate, but was not, from the difficulty of proving the hand, believed it genuine, from comparison of hands.

¶4Others swore, that the testator declared he never intended to give the plaintiffs any thing.

¶5The second hill was to set up the will. It was by Landon and Kendall Brent, who offered what they averred was a copy; and called on the plaintiffs in the first bill, to answer whether it was not a copy. They denied the genuineness of the will. Sarah denied she had concealed or destroyed it.

¶6The court of Appeals* reversed both decrees; directed the issue [which had once been directed, but the order for which was rescinded] to be reinstated, preparatory to a final decree.

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