I. FACTS AND PROCEEDINGS
Louise Bradford Judsen executed a will on April 19, 2010, (“the April will”), naming her beneficiaries: Judsen’s cousin, Laurie Kiddell (“Laurie”); Laurie’s husband, Lee Kiddell (“Lee”); their daughter, LeAnn Kiddell (“LeAnn”); two other first cousins; and the “American Cancer Association.” The April will was prepared by Laurie from an online template.
On June 15, 2010, Judsen executed another will (“the June will”), naming Kenneth E. Labowitz, an attorney, as the executor of her estate. In the June will, Judsen bequeathed her dog and a cash gift for the dog’s care to Laurie. Judsen bequeathed one-third of her residuary estate to the “Leukemia & Lymphoma Society Inc.,” one-third to the “American Cancer Society Inc.,” and one-third to a “Head Trauma Research Center” to be chosen in the sole discretion of her executor.
Judsen died on June 18, 2010, and the June will was admitted to probate. Laurie and LeAnn (hereinafter referred to collectively as “Kiddell”) filed a “Complaint to Impeach Will, Nullify Probate Order and Admit Earlier Will to Probate” against Labowitz, the Leukemia and Lymphoma Society, Inc., and the American Cancer Society, Inc. In this complaint, Kiddell alleged that Judsen lacked testamentary capacity when she executed the June will. Kiddell sought to have the order admitting the June will to probate nullified and the April will admitted to probate. Labowitz filed an answer denying Kiddell’s claims.
Judge(s): Cleo E. Powell
Jurisdiction: Virginia Supreme Court
Related Categories: Civil Procedure
|Supreme Court Judge(s)|
|LeRoy Millette, Jr.|
|Trial Court Judge(s)|