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Virginia Supreme Court
O'Brien v. O'Brien and O'Brien, 259 Va. 552, 526 S.E.2d 1 (2000). When Mrs. O'Brien died she willed her property in equal shares to her three sons. However, one of her sons, our client, had been borrowing money from his mother for many years, so just before she died he owed her more than $300,000. On behalf of their mother's estate, the other two brothers sued our client to recover the money he had borrowed. We defended the suit by referring to specific language in the will by which we believed Mrs. O'Brien intended to have the client's debt be taken out of his share of her estate. The trial court entered a judgment against our client, so we appealed to the Virginia Supreme Court. It agreed with our client's position and said that he owed nothing to the estate or to his brothers, even though the amount of his debt was more than the share of the estate he was entitled to. This case is now referenced under four topics in the legal encyclopedia, Michies Jurisprudence.
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