1924 Leonard Road, LLC v. Van Roekel

Holding

This appeal arises from the circuit court’s holding that a resulting trust was established in favor of an alleged widow of a previous co-tenant of certain real property. We consider various evidentiary issues decided by the circuit court, including (1) an application of Code § 8.01-397, commonly known as the “dead man’s statute,” (2) the exclusion of several documents purportedly failing to qualify for admission under the business records exception to the hearsay rule, (3) the admission of evidence concerning the alleged widow’s “understanding” of the original purchase of the property, and (4) the circuit court’s failure to apply the principle of estoppel by deed. Because we hold that the circuit court erred in certain of these evidentiary rulings, and that those errors require a new trial, we do not reach the issue whether the evidence was sufficient to support the circuit court’s judgment.