Home Noteworthy Cases

Davis v. Davis

Record No: 181192 Davis v. Davis 12/05/2019 (as published by the Virginia Supreme Court) In a suit for aid and direction concerning the validity of transfers of personal and real property shortly before the death of the gravely ill and hospitalized decedent, the circuit court erred in holding that the decedent’s mother, as attorney-in-fact under a...

May v. R.A. Yancey Lumber Corporation

Record No: 171708 May v. R.A. Yancey Lumber Corporation 01/10/2019 (As published by the Virginia Supreme Court) In a declaratory and injunctive action by a director and minority shareholder of a corporation, the circuit court erred in sustaining a special plea in bar and entering judgment in favor of the corporation based on an erroneous interpretation...

Parson v. Miller

Record No: 171393 Parson v. Miller 12/20/2018 (As published by the Virginia Supreme Court) In a will contest action brought by a daughter of the decedent alleging that a niece of the decedent – who was named the beneficiary of his residuary estate – had exercised undue influence over the testator, considering all of the evidence...

Ray v. Ready

Record No: 180060 Ray v. Ready 12/20/2018 (As published by the Virginia Supreme Court) In a widow’s action to claim an elective share of the augmented estate of her deceased husband, the complaint naming his “Estate” was a nullity and could not toll the running of the statute of limitations on that claim. Even though the...

Canody v. Hamblin

Record No. 170747 Canody v. Hamblin (as published by the Virginia Supreme Court) In a proceeding brought by a daughter for probate of a three-page computer-generated document tendered as the will of her father, the circuit court did not err in considering testimony to establish the testamentary nature of the pages proffered for probate, and...

Davis v. MKR Development, LLC

Record No: 171020 Davis v. MKR Development, LLC (As published by the Virginia Supreme Court) In a derivative action brought on behalf of a limited liability company by the majority shareholder against the entity appointed under the LLC’s operating agreement to manage the company, along with two of the manager’s principals, the circuit court erred...

Feeney, J. v. Feeney and Feeney, S. v. Feeney

Record No: 170031 (As published by the Virginia Supreme Court) In combined suits concerning a will’s residuary clause, which the parties agreed was unambiguous and its meaning could be decided on summary judgment without the aid of extrinsic evidence, limitations expressed in the will, taken as a whole, manifestly demonstrate the testator’s intention to restrict...

Globe Life & Accident Insurance Company v. Sturrock, No. 5:16-CV-28, 2018 WL 1575829 (W.D. Va. Mar. 30, 2018)

Upon a bench trial of an interpleader action to determine the rightful beneficiary of the decedent’s life insurance policy, the court found that the evidence showed that the decedent herself had misunderstood that she only possessed one policy when she sent concurrent letters naming her children as the beneficiaries under one policy number and her...

Mangrum v. Chavis

Record No: 160782 (unpublished order) In a case filed by the beneficiaries of an estate against the decedent’s power of attorney, the Court held that the trial court had erred when it found the attorney-in-fact liable for his wife’s withdrawal of funds from a bank account held jointly by herself, the decedent, and one of...

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