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Tag Archives: Justice Charles S. Russell

Criminal – Animal Cruelty – Neglect – Equine Medical Treatment (access required)

The owner of a farm for homeless horses who failed to get emergency veterinary treatment for a horse that was emaciated and dehydrated, and that had been down for two days, can be misdemeanor animal cruelty conviction, the Supreme Court ...

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Civil Procedure – Jurisdiction – Standing – Legal Notice Publication (access required)

A circuit court did not have subject matter jurisdiction to determine whether a newspaper meets the requirements of Va. Code § 8.01-324(A) for the publication of legal notices and to enter an ex parte order ruling on that subject, the ...

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Attorneys – Legal Malpractice – Limitations – 1986 PSA (access required)

Although a wife did not realize damages from a 1985 property settlement agreement’s bare reference to her receipt of “survivor’s benefits from the husband’s retirement pay” until 2006 when she was denied survivor’s benefits from two federal pensions, her 2009 ...

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Civil Procedure – Complaint – Lawyer Signature – No Virginia License (access required)

A Virginia lawyer may not validly authorize a lawyer licensed elsewhere, but not in Virginia, to sign the Virginia lawyer’s name to a pleading, and because the defect may not be cured by amendment, the Supreme Court upholds dismissal of ...

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Wills & Trusts – Unitrust – Trust Split – Uniform Trust Act (access required)

Although Virginia’s 2005 adoption of the Uniform Trust Code materially changed the law, it did not allow a trial court to divide a testamentary charitable remainder unitrust over the objection of one of the two charitable beneficiaries, and the Virginia ...

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Domestic Relations – Equitable Distribution – Debt – Presumptions (access required)

Virginia’s equitable distribution statute does not create a presumption that debt incurred by an individual during a marriage is marital debt, the Supreme Court of Virginia holds in reversing the trial court and the Virginia Court of Appeals. Husband incurred ...

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Wills & Trusts – Life Estate – Future Interests – Conditions (access required)

The Supreme Court of Virginia holds that the “early-vesting” rule of will construction establishes the date at which monetary payments are required by a will, so the payments are conditions subsequent rather than conditions precedent. Testator devised a life estate ...

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