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Tag Archives: Justice D. Arthur Kelsey

Fact-finding remand ordered in voluntary payment dispute (access required)

Where appellee claims that the voluntary payment doctrine moots appellant’s appeals regarding a judgment entered against her, a remand is required for fact finding to determine whether appellant authorized payment of the judgment lien that attached to real estate that ...

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Ex-wife had superior claim to insurance proceeds (access required)

Where the parties’ amended property settlement agreement required husband to maintain wife as a 50% beneficiary of a life insurance policy, wife’s claim to the insurance proceeds is governed by equity principles rather than substantive law. Wife’s equitable claim is ...

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Equitable title holder gets stock proceeds (access required)

Where an acquisition company purchased a construction company’s assets, the purchase included equitable title to stock that the construction company owned but for which no certificates were issued. Overview This is an interpleader action concerning the proceeds of stock certificates ...

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No fees from unrepresented siblings in partition case (access required)

Where appellant, relying on a police report, named the wrong person as the defendant driver in a personal injury case, appellant was entitled to file a new complaint naming the correct person after the statute of limitations expired. Background On ...

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Supreme Court splits on eviction delay power (access required)

Eviction Notice Letter on Front  Door

A divided Supreme Court of Virginia has acceded to a request from the governor to institute a second suspension of Virginia eviction proceedings. The new, four-week freeze was welcomed by legal aid housing advocates, but the court’s Aug. 7 published ...

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Interpretation request did not violate terror clause (access required)

A beneficiary’s declaratory action to determine rights and duties did not violate a trust’s no-contest clause. Background Charles and Theresa Hunter had two children, Chip and Eleanor, and a granddaughter. Charles and Theresa each created trusts naming the children and ...

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