nvdaily.com link to home page

Traffic | Weather | Mobile Edition
Archives | Subscribe


Local News arrow Courts & Legal News arrow Page County

| 0 | 0 Comments

Luray Caverns' sisters want lawsuit dismissed


By Sally Voth - svoth@nvdaily.com

Two Luray Caverns heiresses have asked a judge to dismiss a federal lawsuit filed against them by their siblings.

Elizabeth Graves Vitu, who lives in France, and Katherine G. Fichtler, of Montana, filed the motion in U.S. District Court in Harrisonburg on Thursday, according to online court records.

Their brothers, John H.H. Graves and James R.O. Graves, as well as their sister, Cornelia G. Spain. filed a lawsuit against them in June. That suit seeks a judgment declaring that Vitu and Fichtler violated the no-contest provisions of trusts left by their late parents.

The plaintiffs are co-trustess of the H.T.N. Graves Trust and the Rebecca Jackson Graves Trust, which held nearly all the stock of the Luray Caverns Corp. as of 2004, according to court records. A fourth sister, Rebecca "Becca" Hudson, isn't named in the suit.

According to H.T.N. (Henry Theodore Northcott) Graves' obituary from two years ago, he served as Luray Caverns president for more than 50 years, until 2008. It states the caverns were bought by the elder Graves' grandfather, Theodore Clay Northcott.

The siblings' mother, Rebecca Jackson Graves, died in April, according to the lawsuit.

The trusts call for any heir and that heir's descendants to be removed from the will if he or she were to "in any way, directly or indirectly, challenge, contest or object" to H.T.N. or Rebecca Jackson Graves' or their attorney's choice of a trustee for the Northcott trusts, or attempt to have Rebecca Jackson Graves removed as trustee of either trust,or challenge any of her actions in relation to them.

The complaint claims Hudson, Fichtler and Vitu "generally took adverse positions to their parents" when it came to the corporation, which then led to the no-contest provisions.

In a memorandum supporting the motion to dismiss the suit, it is stated that other trust beneficiaries are "necessary parties."

"When all necessary parties are joined, diversity will be destroyed and the the Court will lack subject matter jurisdiction," it states.

It would instead belong in state court, the memo states.

There are "ongoing disputes with Plaintiffs on the one hand, and the Defendants and Rebecca Hudson on the other," it states.

Those disputes involve the Belle Brown Northcott Trust and the Theodore Clay Northcott Trust, according to the memo.

According to online court records, a trial date will be set in about eight months.






Leave a comment

What do you think?

(You may use HTML tags for style)

Comments

Comments that are posted on nvdaily.com represent the opinion of the commenter and not the Northern Virginia Daily/nvdaily.com. If you feel that a comment is objectionable, please click on the Report Abuse link above and in your e-mail to us include the comment. We will review the reported comment and make a decision on deleting it if we feel that it contains inappropriate content.












top-jobs-logo.jpg

Look Who 'Likes' nvdaily!



Daily readers: Click the "LIKE" button above to get Daily news and breaking news alerts on your Facebook page.

Activity & Recommendations

Local News Sections

Agency on Aging Agriculture Apple Blossom Festival Aviation Basye Berryville Boyce Breaking News Briefs Business Charities Civil War Clarke County Colleges Corrections Courthouse Notes: Permits, Transactions Courts & Legal News Crime & Public Safety Economy and Jobs Edinburg Education Edward N. Bell Election 2012 Entertainment Environment Fairs & Festivals Fire & Rescue Fishers Hill Fort Valley Frederick County Front Royal George Washington National Forest Guest Column Hard Times Health History Homes In The Spotlight Ledger Livestock Local Markets Maurertown Media Middletown Military & Veterans Moms Mt. Jackson New Market Page County Pets & Animals Politics Quicksburg Religion RSW Jail School News Shenandoah County Shenandoah Farms Volunteer Fire Department Star Tannery State Stephens City Steven A. Boyce Strasburg Toms Brook Traffic & Transportation Utilities Valley 911 Warren County Weather West Virginia Winchester Woodstock Year in Review




News | Sports | Business | Lifestyle | Obituaries | Opinion | Multimedia| Entertainment | Homes | Classifieds
Contact Us | NIE | Place a Classified | Privacy Policy | Subscribe

Copyright © The Northern Virginia Daily | nvdaily.com | 152 N. Holliday St., Strasburg, Va. 22657 | (800) 296-5137

nvdaily.com
Best Small Daily Newspaper in Virginia!


nvdaily.com | seeshenandoah.com