Dowling v. Rowan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that language used in contracts that are “plain upon their face . . . is to be taken in its ordinary significance unless it appears from the context it was not so intended” (quoting Virginian Ry. Co. v. Hood, 152 Va. 254, 258 (1929))
• unambiguous premarital agreement constituted express waiver of surviving spouse’s right to certain property under elective share claim, and surviving spouse was not entitled to attorney fees related to elective share litigation where litigation was contrary to testator’s intent
• unambiguous premarital agreement constituted express waiver of surviving spouse’s right to certain property under elective share claim, and surviving spouse was not entitled to attorney fees related to elective share litigation where litigation was contrary to testator’s intent
• “We adhere to the ‘American rule’ which embodies the principle that each litigant must pay his own attorney’s fees in the absence of a statute or contractual provision that would shift the burden of payment to the unsuccessful party.”

Source: CourtListener parenthetical corpus (CC0).