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State court of last resort · ST-VA-SC
Ray v. Ready
No. 180060Supreme Court of Virginia
180060 Ray v. Ready 12/20/2018 In a widow's action to claim an elective share of the augmented estate of her deceased husband, the complaint naming his "Estate" was a nullity and could not toll the running of …
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180060 Ray v. Ready 12/20/2018 In a widow's action to claim an elective share of the augmented estate of her deceased husband, th…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Dec 20, 2018
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180060 Ray v. Ready 12/20/2018 In a widow's action to claim an elective share of the augmented estate of her deceased husband, the complaint naming his "Estate" was a nullity and could not toll the running of the statute of limitations on that claim. Even though the complaint against the "Estate" was served on the personal representative, it was a nullity, not curable by amendment to insert the personal representative as a defendant, and it was not saved by the provisions of Code § 8.01-6.3 because the complaint, read as a whole, did not otherwise identify the personal representative. Thus, the circuit court did not err in denying the plaintiff's motion to amend the complaint to name the pe…
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