HUAMAN v. AQUINO

Record No. 051798.

630 S.E.2d 293 (2006)

272 Va. 170

Cesar David HUAMAN v. Aldo Huaman AQUINO, et al.

Supreme Court of Virginia.

June 8, 2006.


Attorney(s) appearing for the Case

Phillip B. Leiser (August McCarthy; Leiser & Associates, Vienna, on briefs), for appellant.

Nichlas A. Balland, Arlington (Michael A. Mays, Fairfax; Pelton, Balland, Demsky, Baskin & O'Malie, Arlington, on briefs), for appellees Aldo Huaman Aquino, Oscar Huaman Aquino and Franklin Aquino.

No brief or argument for appellees Carlos Ore Aquino and Rafael Javier Huaman Aquino.

Present: All the Justices.


OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether the trial court erred in ruling that settlement proceeds from a lawsuit filed in Washington, D.C. that came into the testator's estate should be distributed as personal property under the will.

I. Facts and Proceedings Below

In 1999, Carmen Hilda Ore Aquino ("testator") died testate and was survived by her six brothers. After specific bequests, her will directed that her remaining...

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