Jones v. Jones

In this appeal, we consider whether, in a suit for commutation of dower brought under former Code § 64.1-36, 1 a decree confirming sale of lands owned by an infant heir is void as to the infant because the trial court did not make an affirmative finding that sale of the property would promote the interests of the infant.

On December 17, 1992, Annie C. Jones (Jones) brought a bill to commute dower, alleging a dower interest in certain real property owned by her deceased husband, Waverly T. Jones, Jr., who died intestate on August 7, 1973. 2 At the time of his death, Waverly Jones was survived…