Perkins v. Stewart Title Guaranty Co.

By Judge Gerald Bruce Lee

This matter is before the Court on Defendants’ Chester K. Wyskiel and the Estate of Elizabeth L. Wyskiel (Buyers) Demurrer to John D. Perkins’, as Executor of the Estate of George H. Britton (Seller), Motion for Judgment alleging breach of contract. The issue presented is who bears the risk of loss of theft of escrow funds in a real estate transaction after closing when property is conveyed by an estate to a purchaser within one year of the death of the testator. See Va. Code § 64.1-183. Seller contends that the statutory one-year waiting period prior to conveyance of…