Dominion Bank v. Holdren

By Judge Kenneth E. Trabue

I have reviewed the pleadings, the briefs, and have considered the oral argument presented on August 27, 1993.

The demurrer is overruled. The title to the real estate in question fell to and vested in the daughters upon their mother’s death. The executor was given no right, title, or interest in the real estate but only the naked power to sell pursuant to the general powers of an executor under Va. Code § 64.1-57 (1991). The will in no way vested any interest in the real estate in the executor or in the estate.

It is true that the executor had the power to execute the…