VIRGINIA HOME FOR BOYS & GIRLS v. PHILLIPS

No. 090010.

688 S.E.2d 284 (2010)

VIRGINIA HOME FOR BOYS AND GIRLS v. William Ray PHILLIPS, et al.

Supreme Court of Virginia.

January 15, 2010.


Attorney(s) appearing for the Case

Christopher E. Gatewood (Sheila deLa Cruz; Hirschler Fleischer, on briefs), Richmond, for appellant.

James F. Andrews (Shell, Johnson, Andrews & Baskervill, on brief), Petersburg, for appellee William Ray Phillips.

No brief filed by appellee Brenda Council Turley.

Present: KEENAN, KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and RUSSELL, S.J.


OPINION BY Senior Justice CHARLES S. RUSSELL.

This is a dispute between a devisee under a will and a relative of the testator claiming under an oral agreement. It involves the "Dead Man's Statute," Code § 8.01-397, and the Statute of Frauds, Code § 11-2.

Facts and Proceedings

In accordance with familiar principles of appellate review, the facts will be stated in the light most favorable to the prevailing party at trial. William Ray...

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