Home Noteworthy Cases

D’Ambrosio v. Wolf

Record No: 170521 (as published by the Virginia Supreme Court) The circuit court erred in concluding that a son’s challenge to the validity of his mother’s will is barred by claim preclusion, issue preclusion, or judicial estoppel. Under Rule 1:6(a), a final judgment forecloses successive litigation of the same claim, but claim preclusion will not...

MCR Federal, LLC v. JB&A, Inc.

Record No: 161799  (as published by the Virginia Supreme Court) In an action involving claims for breach of contract and constructive fraud arising out of a contract for the sale of a business, the circuit court erred in finding that the plaintiff was permitted to bring both fraud and breach of contract counts arising out...

Irving v. Divito

Record No: 170071 (as published by the Virginia Supreme Court) In a proceeding to review a clerk’s decision to deny probate to a handwritten notation on a tab-divider in a binder of estate planning documents, the record in this case supports the circuit court’s rulings that the holographic writing was not signed in the manner...

Kim v. Kim (ORDER)

Record No: 161505 (As published by the Virginia Supreme Court) In two litigations raising the issue whether a decedent’s will and trust were the product of undue influence by his brother, the attorney who drafted the instruments, the widow’s claims are rejected. In the context of testamentary documents, a presumption of undue influence arises upon...

Gray v. Binder, Va.

Record No: 161419 (As published by the Virginia Supreme Court) In an estates dispute in which a commissioner of accounts entertained a petition for aid and direction in the interpretation of the decedent’s will and the determination of heirs, and the commissioner’s reports were confirmed by the circuit court, the judgment is affirmed. Commissioners of...

Gelber v. Glock, 293 Va. 497

Record No: 160500 (As published by the Virginia Supreme Court) In litigation concerning the real and personal property of a family matriarch which was transferred to one of her five children, the circuit court did not err in denying a summary judgment motion challenging the decedent’s capacity to convey to one of her daughters her...

Reineck v. Lemen, 292 Va. 710

Record No: 151917 (As published by the Virginia Supreme Court) In a suit by the heirs of a deceased wife against the attorney-in-fact and co-trustees for the deceased husband, the husband’s power of attorney instrument expressly authorized the creation of inter vivos trusts and gifts to his children. It also authorized the designation of a...

Bank of Hampton Roads v. Powell, 292 Va. 10, 785 S.E.2d 788

Record No: 151190 (As published by the Virginia Supreme Court) In breach of contract and fraudulent conveyance litigation, the trial court erred in imposing a constructive trust upon a subdivision lot after a developer breached a contract to convey a different property. To be entitled to the benefit of a constructive trust, a claimant’s interest...

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