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constitute a cause for action.
In the state of Virginia, a wrongful death suit can only be brought by the executor, or administrator, of the estate. The Kidwells state in the demurrer that Saltonstall did not bring the suit as executor of the Spellman estate, but as an individual.
“The allegations of the Motion for Judgment make clear that all references to the Plaintiff (Saltonstall) are in her individual capacity and not as Executrix of said Estate and that in fact the statements made about the Plaintiff in her individual capacity are not true of the Plaintiff as Executrix of the Estate of Ranee Spellman,” stated the Kidwells in the demurrer. “Accordingly, no cause of action is alleged and Defendants (the Kidwells) are denied an opportunity to respond meaningfully to the Motion for Judgment.”
The Kidwells are represented by Thomas V. Monahan of Hall, Monahan, Engle, Mahan and Mitchell Attorneys at Law in Leesburg.
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