January 25, 2013
(I did not see this Order until I received it as an enclosure to B&K's letter dated April 17, 2014)
IN THE CIRCUIT COURT OF FAIRFAX COUNTY
JEAN MARY O'CONNELL NADER, Plantiff
ANTHONY MINER O'CONNELL,
Individually and in his capacity as
Trustee under a Land Trust Agreement
Dated October 16, 1992 and as
Trustee under the Last Will and
Testament of Harold A. O'Connell, et al.
Case No. 2012-13064
THIS CAUSE eame on to be heard upon the motion of the Plaintiff, Jean Mary
O'Connell Nader, by counsel, for summary judgment pursuant to Va. Sup. Ct. Rule 3:20; upon
the reply to the motion filed by Sheila Ann O'Connell, pro se; and upon the argument of counsel;
IT APPEARING TO THE COURT as follows:
1. The material facts set forth in the Complaint filed by Plaintiff in this action are
deemed to be admitted by Defendant Anthony M. O'Connell pursuant to Va. Sup. Ct. Rule
1:4(e);- based on the failure of Defendant Anthony M. O'Connell to deny such facts in the
responsive pleading filed by him, entitled "Response to Summons Served on September 8,
2. In her Answer to the Complaint and Reply to Motion for Summary Judgment, the
remaining party-in~interest, Defendant Sheila Aim O'Connell, agrees with the facts set forth in
the Complaint and the relief requested by Plaintiff.
3. Because there are no material facts in dispute in this action and the facts alleged
in the Complaint support the relief requested therein, summary judgment pursuant to Va. Sup.
Ct. Rule. 3:20 on all counts alleged in Plaintiff's Complaint is appropriate.
IT IS THEREFORE ORDERED:
A. That judgment in favor of Plaintiff Jean Mary O'Connell Nader as to Count I of
the Complaint be, and hereby is, granted; that Anthony Miner O'Connell is hereby removed as
trustee under the Land Trust Agreement dated October 16, 1992, pursuant to Va. Code § 64.21405
(formerly Va. Code § 26-48), effective immediately; and that all fees payable to Anthony
Minor O'Connell under the terms of the Land Trust Agreement, including but not limited to, the
trustee's compensation under paragraph 9~01, and ll interest on advancements by the trustee to .
the trust for payment of real estate taxes pursuant to paragraph 9.03; are hereby disallowed and
B. That judgment in favor of Plaintiff Jean Mary O'Connell Nader as to Count II of
the Complaint be, and hereby is, granted; that Anthony Minor O'Connell is hereby removed as
trustee of the trust created under the Last Will and Testament of Harold A. O'Connell, pursuant
to Va. Code § 64.2-759 (formerly Va. Code § 55-547.06), effective immediately;
C. That judgment in favor of PlaiIitiff as to Count III ofthe Complaint be, and
hereby is, granted; that Plaintiff Jean Mary O'Connell Nader is hereby appointed as successor
trustee under the Land Trust Agreement and as trustee of he trust under the Last Will and
Testament of Harold A. O'Connell; that the term of the Land Trust Agreement is hereby
continued until further Order of this Court or until the real property held under the Land Trust is
sold and final distribution of the net proceeds is made to the trust's beneficiaries, whichever
occurs first; and that Plaintiff, as successor trustee Under the Land Trust Agreement, shall
proceed forthwith to sell the real property held by such trust as soon as reasonably practicable
upon such terms and conditions as she deems appropriate and consistent with her fiduciary
D. That Plaintiff is hereby awarded her reasonable attorney's fees and costs in this
action in the amount of $ l7,504.12, to be paid from the Land Trust at such time as funds
ENTERED this 25th day of January, 2013.
(Seal) (Editor's note: I am guessing that this is the signature of Chief Judge Dennis J. Smith but I am not sure).
I ASK FOR THIS:
BLANKINGSHIP & KEITH, P. C.·
4020 University Drive .
Fairfax, VA 22030
Elizabeth Chichester Morrogh, VSB No. 25112
Jennifer L. McCammon, VSB No. 77034
Counsel for Plaintiff