Esper v. Gray

By JUDGE WILLIAM H. LEDBETTER, JR.

The central issue in this partition suit is the construction of Virginia Code § 64.1-2.

This partition suit has been on the chancery docket since 1983. By order of October 12, 1983, the matter was referred to a commissioner in chancery. After taking evidence, the commissioner filed his report on May 26, 1989. (At least part of this delay apparently was occasioned by the difficulty in ascertaining the identity and marital status of heirs and potential heirs.)

On June 28, 1989, the commissioner’s report was confirmed and a special commissioner was appointed to…