Rollins v. Branch Banking & Trust Co.

By Judge Jonathan M. Apgar

This matter is before the court on defendant’s amended demurrer. A demurrer tests the legal sufficiency of the pleading and, for these purposes, the court considers as true all material facts properly pleaded, facts impliedly alleged, and facts that can be fairly inferred from the allegations. See Luckett v. Jennings, 246 Va. 303, 307, 435 S.E.2d 400, 402 (1993).

On September 12, 2000, the defendant moved for oyer of the trust instruments referred to in the Bill of Complaint. Both sides argued the amended demurrer as if this motion had been granted, so the court…