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EVANS v. EVANS

Record No. 141277.

772 S.E.2d 576 (2015)

William D. EVANS, in his capacity as Trustee of the Wanda S. Evans Trust v. Wayne L. EVANS, individually and as the Personal Representative of Douglas E. Evans, Deceased, et al.

Supreme Court of Virginia.

June 4, 2015.

Attorney(s) appearing for the Case

John E. Kieffer , Bristol, for appellant.

Mark A. Black ( Robert M. Doherty ; Brumberg, Mackey & Wall, on brief), Roanoke, for appellees.

Present: LEMONS, C.J., GOODWYN, MILLETTE, MIMS, POWELL, and KELSEY, JJ., and KOONTZ, S.J.

Opinion by Senior Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider as an issue of first impression in Virginia whether one spouse with an ownership as a tenant by the entirety in real property may, by his or her sole act, convey that ownership to the other spouse to create a fee simple estate in the grantee spouse.

BACKGROUND

On November 26, 1973, Douglas E. Evans and Wanda S. Evans, husband and wife, obtained title to a...

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