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By DAPHNE HUTCHINSON
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The hell sounded in round two of the $1.8 million Holmes estate case last Thursday with attorney David Konick asking that the verdict in the three week long trial he set aside based on alleged errors in the court's instructions to the jury.
Beginning in mid-July, seven Rappahannock jurors listened to 12Vi days of testimony before finding on August 5 that Earl E. Holmes, retired Marine Corps officer and Flint Hill orchardist who died of liver cancer in November, 1979. executed a valid will a month prior to his death, leaving his entire $1.8 million estate to his doctor, naval commander Peter Nielson.
Col. Holmes' only close relative, his sister Ruth who died just three months after her brother, left instructions in her will, directing her executor to challenge her brother's bequest. Lawyers for Ruth Holmes’ estate maintained that the colonel was not mentally competent when he signed the oneparagraph typewritten will in his bed at Bethesda Naval Hospital the day after Nielson told him he had just two weeks to live. They also argued that Holmes made his will while under Dr. Nielson's "undue influence" and that the document had been fraudulently altered.
The jury found otherwise but Konick insisted on
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