Sampson v. Sampson

275 S.E.2d 597, 221 Va. 896, 1981 Va. LEXIS 225
CourtSupreme Court of Virginia
DecidedMarch 6, 1981
DocketRecord No. 790328
StatusPublished
Cited by10 cases

This text of 275 S.E.2d 597 (Sampson v. Sampson) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sampson v. Sampson, 275 S.E.2d 597, 221 Va. 896, 1981 Va. LEXIS 225 (Va. 1981).

Opinion

COCHRAN, J.,

delivered the opinion of the Court.

In this family dispute, Roger W. Sampson, Committee for his stepmother, Marjorie L. Sampson, an incompetent person, filed a motion for judgment in the court below against his brother and sister-in-law, William T. Sampson, II, and Jo Ann Sampson, defendants, alleging that defendants on January 22, 1977, had unlawfully entered Marjorie Sampson’s summer cottage in Maine and removed some of her personal property. The Committee sought to recover the value of the property taken, with interest, costs, and attorney’s fees. Defendants filed an answer admitting that they had entered the residence without permission in January, 1977, to remove fishing equipment and a coffee maker which belonged to them, but which they did not find on the premises, and two coats belonging to Harriett Adams, a sister of Marjorie Sampson’s. They admitted removing the coats, a portrait of William Sampson’s grandfather, and items of silverplate belonging to Marjorie Sampson which she had previously offered to give them. They stated that they had offered and were still willing to return the silverplate to her.

In a jury trial, the Committee testified that, based upon his personal recollection and that of his wife, and upon information furnished by others who did not testify but were familiar with the summer residence and its contents, he had prepared a list of missing property and submitted it to Douglas Henry, a professional appraiser. Henry testified that the total value of the items on the list was $6,860. When the jury returned a verdict for the Committee in the amount of $6,860, defendants filed a motion to set aside the verdict and grant a new trial. The trial court, ruling that there was insufficient credible evidence to support the verdict, set it aside and awarded judgment in favor of defendants by final order entered December 5, 1978. On appeal, the Committee challenges this action of the trial court.

Charles Wheeler, deputy chief of the local volunteer police force, testified by deposition that on January 22, 1977, he investigated a report of activity at the Sampson cottage. He found that the driveway had been plowed, that there were footprints in the snow, and that a windowpane in the residence had been cut with a glass cutter. The next day he met defendants leaving the cottage in their “Blazer”, in which he observed several cane-bottom chairs “tipped up on their [899]*899backs” high enough so that he knew there was “material also under them”. He had seen the chairs in the residence when servicing the building for the oil company for which he worked. William Sampson identified himself to Wheeler and explained that he and his wife had forgotten his keys, so they broke a window and entered the cottage to get some things they had left the preceding summer. Upon leaving, when asked if the window had been secured, William Sampson told Wheeler it was “all taken care of”. Later that evening, upon inspection, Wheeler found the window was not secure.

Harold Dow, who had served for many years as caretaker of the cottage, testified by deposition that when he returned from a trip to Florida in January, 1977, he inspected the residence and discovered that a window was broken and various items of personal property were missing. He described a mahogany drop-leaf table with two leaves, shown in a color photograph (Plaintiffs Exhibit 2), four or six cane-bottom chairs (four being shown in the photograph), a brass candle-stand, a brass candleholder, two mirrors, a kerosene lamp, four plates of greenish-gray design, two sets of dishes, eight clear-cut crystal goblets, a bowl-and-pitcher set, and a cast-iron toy locomotive.

No transcript was made of the evidence and incidents of trial. A written statement summarizing the testimony of witnesses who testified at trial, signed by opposing counsel and by the trial judge, was made a part of the record pursuant to the provisions of Rule 5:9(c).

Roger Sampson testified that he had been appointed Committee for his stepmother on November 12, 1976, after a contested hearing in which defendants opposed his appointment. He and his wife, Mary, visited his stepmother at the Maine cottage around Labor Day in 1976. On the day prior to their return to their home in Virginia, they cleaned and counted a 70-piece set of sterling silverware which, with a 68-piece set of silverplate, was later wrapped and placed in a tin container by Dow, the caretaker. The furniture and other articles of personal property were left in the residence during the winter. One key was left inside the dwelling, the other was given to Dow.

The witness further testified that in January, 1977, Dow telephoned him that the cottage had been burglarized, and he directed the caretaker to make a list of missing items. When he and his wife visited the cottage in August, 1977, he compiled the final list of missing property from their own personal observation and from a partial list made by Dow, Sylvia Young, the local postmistress who was familiar with the premises, and Hazel Springer and Daisy Hudson, who had performed housework there. He submitted the list to Henry for appraisal. Henry’s copy of the list, showing his appraised values of the missing items, [900]*900was introduced into evidence, over defendants’ hearsay objection, as Plaintiff’s Exhibit 5. The witness testified that after his qualification as Committee for his stepmother he did not give defendants permission to enter the Maine cottage.

Mary Sampson testified that in August, 1977, she found in a cloth napkin in the silverware drawer of the Maine cottage a sterling silver teaspoon that was a part of the missing set of silverware. This teaspoon was introduced into evidence as Plaintiff’s Exhibit 4.

Henry verified his appraisal. He testified that determining the fair market value of personal property from a verbal description was an acceptable appraisal method. He made his appraisal from an oral description of each listed item, photographs of some items, examination of the sterling silver teaspoon that was part of the 70-piece set, and examination of comparable porcelain objects brought to him from Marjorie Sampson’s residence in Arlington County.

The defendants, William and Jo Ann Sampson, testified that they drove to New England in January, 1977, to investigate the possibility of a job transfer for William, to consider their possible retirement in that area, and to retrieve some personal belongings from the summer residence. They broke a window with a penknife and entered the dwelling on January 22, 1977, to look for their fishing equipment and coffee maker, and two coats belonging to Harriett Adams. They found and removed the coats but did not find the fishing equipment or coffee maker. They also took a trunk, a 6 8-piece set of silverplate found in a 3-gallon tin, and a portrait of Admiral Sampson, William’s grandfather. The next day, they returned and reentered the cottage, but removed nothing from the interior. They took only a wooden sign with the name “Sampson” on it, made by William and posted outside the dwelling. As they were leaving, Officer Wheeler drove up to investigate; William identified himself and his wife as members of the Sampson family that owned the cottage.

We need not review other evidence adduced by the defendants for the purpose of corroborating their testimony, because the jury, by its verdict, resolved all conflicts in the evidence in favor of the plaintiff. The dispositive question is whether the admissible plaintiff’s evidence was sufficient to support the verdict.

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Bluebook (online)
275 S.E.2d 597, 221 Va. 896, 1981 Va. LEXIS 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sampson-v-sampson-va-1981.