Supreme Court of Virginia

Rosa Belle Gilmer v. John A. Brown and Others

September 3, 1947186 Va. 630

Summary

The court held that participation in a proceeding appointing committees for an adult did not estop the will's proponent from asserting that the adult had testamentary capacity, because the two proceedings involved different issues. It further held that the committee appointment was relevant evidence but not prima facie or conclusive proof of testamentary incapacity, and that the evidence established the validity of the will. The decree was reversed and the case remanded with directions to uphold the will.