Virginia Circuit Court May 30, 2003, Case No. (Chancery) 02-1237; Case No. (Chancery) 02-1567 (Thompson v. McAllister Banks)

By Judge John C. Morrison, Jr.

*540This issue comes before the Court on Defendant McAllister Banks’s Motion for Summary Judgment. James Biggs died testate on July 27, 2001. On August 6,2001, McAllister Banks, executor of his estate, offered a writing dated April 27,2001, as the Last Will and Testament of James Biggs.