Apperson v. Dowdy

Citations

• 82 Va. 776
• 1 S.E. 105
• 1887 Va. LEXIS 145

Syllabus

<p>1. Wills—Lost will—Secondary evidence.—Altec proof of loss of record of will, its contents may be established by parol and secondary evidence, such being the best proof the nature of the case admits of.</p> <p>2. Idem—Case at bar.—Ten years after destruction of record, effort to assail for first time a title and possession long enjoyed, is made by proceedings to set up lost will upon evidence of its contents, by witness then 85 years old testifying that 68 years before she had heard the will read, and stating the testamentary disposition of the testator’s property—</p> <p>Held :</p> <p>The testimony, though admissible, is insufficient.</p>