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Jimenez v. Corr, 288 Va. 395, 764 S.E.2d 115

Record No: 140112 (As published by the Virginia Supreme Court) In an appeal relating to disposition of shares of stock in a family held business, the shares held by the mother of the principal litigants, which would otherwise be conveyed to an inter vivos trust under a pour-over provision in her will, must instead be...

Sheppard v. Junes, 287 Va. 397, 756 S.E.2d 409

Record No: 130971 (As published by the Virginia Supreme Court) In ruling on a motion for aid and direction brought by the administrator of an estate, the circuit court erred in distributing the estate among the decedent’s paternal half-uncle and 14 maternal side collateral heirs. A correct application of the relevant statutory provisions separates the...

Dean v. Morris, 287 Va. 531, 756 S.E.2d 430

Record No: 131512 (As published by the Virginia Supreme Court) In a suit alleging breach of an alleged oral contract for disposition of the estate of a decedent, the trial court’s finding that an oral contract with sufficiently definite terms existed between a husband and wife was without clear and convincing evidence to support it. The...

Assurance Data, Inc. v. Malyevac, 286 Va. 137, 747 S.E.2d 804 (Sept. 12, 2013)

Record No: 121989 (As published by the Virginia Supreme Court) In an employer’s action to enforce certain provisions of an employment agreement restraining competition by a former employee, in sustaining a demurrer the circuit court improperly resolved the employee’s challenge to the enforceability of the restraints on competition, short-circuiting the litigation. Because a demurrer cannot...

Oliver v. Hines, 943 F. Supp. 2d 634 (E.D. Va. 2013) (May 1, 2013)

The child of settlor of inter vivos trust filed action in state court against trustee and beneficiaries of trust to invalidate trust. Defendants removed action on diversity grounds. The Court, sua sponte, considered whether so-called probate exception operated to negate subject matter jurisdiction and require remand. It found that the exception did not apply because...

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