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State court of last resort · ST-VA-SC
Dowling v. Rowan
No. 050181Supreme Court of Virginia
050181 Dowling v. Rowan 11/04/2005 In a dispute over probate of a will, the trial court correctly concluded that a premarital agreement constituted a waiver of the surviving spouse's claims against "separate p…
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050181 Dowling v. Rowan 11/04/2005 In a dispute over probate of a will, the trial court correctly concluded that a premarital agr…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Nov 4, 2005
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050181 Dowling v. Rowan 11/04/2005 In a dispute over probate of a will, the trial court correctly concluded that a premarital agreement constituted a waiver of the surviving spouse's claims against "separate property" specified under the agreement, such that his claims for a statutory elective share of the decedent's estate, family allowance, and exempt property, could not be satisfied using any such property. Certain foreign real estate and life insurance policies were properly excluded from the augmented estate. Because the surviving spouse's elective share claim is distinguishable from his duties as executor of the estate, the trial court properly granted him fees for administration of t…
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