James K. Cluverius, Ancillary Administrator c.t.a. of the Estate of Kenneth O. Fisketjon, deceased v. James McGraw, Inc., George W. Sydnor, Jr., and Valley Forge Life Ins. Co., 44 Va. Cir. 426

Summary

The administrator filed an action against defendants for specific performance of a stock redemption agreement entered into between the corporation and the decedent which included the provision of two life insurance policies. The administrator also sought a constructive trust on the insurance proceeds. The creditor filed a motion to intervene claiming it had a lien on the insurance proceeds because they were assigned to it by the decedent. Further, the administrator filed a motion to compel defendants to produce copies of written communications between them. The court denied both motions. The creditor was not entitled to intervene because it did not assert some right involved in the suit. A party was not entitled to intervene in litigation merely because one byproduct of the action could be that it is adversely affected. The causes of action asserted by the administrator against defendants were exclusive of the creditor's rights because it involved an agreement between the decedent and ...