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The judgment is affirmed in part, reversed in part, and final judgment is entered on this appeal. Divito 12/14/2017 In a proceeding to review a clerks decision to deny probate to a handwritten notation on a tab-divider in a binder of estate planning documents, the record in this case supports the circuit courts rulings that the holographic writing was not signed in the manner required by Code 64.2-403(A), and the proponent failed to show that it is manifest that the decedents initials were intended as his.
The Adobe Acrobat Viewer (free from Adobe) allows you to view and print PDF documents. Commonwealth (ORDER) 12/28/2017 In a Virginia Tort Claims Act case for injuries suffered while the plaintiff was an inmate at a correctional facility, it was error to dismiss the claim based on the one-year notice requirement of Code 8.01-195.6.
When a promisor prevents, hinders, or renders impossible the occurrence of a contractual condition by acts that are wrongful and in excess of the promisors rights, the promisor will not be relieved of the obligation to perform.
This doctrine, however, does not compel positive action by the promisor to bring about the performance of the condition.
Thus, the circuit court did not err in dismissing, with prejudice, the widows claims of undue influence. General Land (Corrected) 11/30/2017 In an action brought by a real estate broker against a party that contracted to sell land but never closed on the million transaction, the circuit court erred as a matter of law in concluding that the seller improperly prevented the closing, setting up a third-party beneficiary claim for recovery of a brokerage commission on the uncompleted sale.
Under Code 55-22, if a third-party beneficiary is allowed to sue, the claim against the promisor or covenantor is subject to defenses arising from the agreement.
The contention that Virginias implied consent law imposes an unconstitutional condition upon the privilege to drive within the Commonwealth, making it reasonable for a driver to refuse to provide a blood or breath sample when arrested on suspicion for driving while intoxicated is rejected.