He received his law degree from the University of Virginia in 1952. While at the University, he was a member of Phi Delta Phi, the Editorial Board of Virginia Law Review, the Raven Society and the Order of the Coif. Upon graduating he entered practice with the firm of Montague, Ferguson and Holt in June 1952 and remained with that firm and its successors, Montague, Cumming, Watkins and Overton. From 1953 to 1955, he served with the United States Army as a 2nd Lieutenant in the Infantry, and 1st Lieutenant in the Judge Advocate General's Corps, serving in the Office of the Judge Advocate General in Washington, D.C. He continued in the U.S. Army Reserve until 1968, when he was discharged at the rank of Major. While in the Army, he received the Army Commendation Ribbon with Metal Pendant.

In 1964, at the age of 36, he was appointed to the bench of the Eighth Judicial Circuit of Virginia, where he served as the Judge for the Circuit Court for the City of Hampton from 1964 until 1995. In 1995, he was appointed as a Judge for the Court of Appeals of Virginia and served until 1999 when he took on Senior Status. Until his death he was a settlement mediator for the Court.

Judge Overton was a lifelong member of Trinity United Methodist Church in Newport News where he served on every committee, including the Board of Trustees, the Finance Committee, and the Administrative Board.

He was a member of the Lay Advisory Board of Mary Immaculate Hospital, a member of the American Legion Post 31 (Hampton), and a member and former Chairman of the Board of Directors of the Hampton Roads Unit of the Institute of Industrial and Commercial Ministries. He was a member of the Nelms Historical Society, the Hampton Yacht Club, and was a past President of both the German Club and The Hampton Roads Assembly.

A true officer and Southern gentleman, he was devoted to his wife, his family, and his church.

He is survived by his wife, Margaret Lee Payne Overton; his daughter, Nancy Smith and her husband, Steve, of Hampton; his son, Waverly Overton and his wife, Amy, of Fresno, Calif.; and his daughter, Peggy Vaughan of Greenville, N.C. He is also survived by his five granddaughters (all of whom have provisional appointments to VMI), Jessica Vaughan, Caroline Vaughan, Abby Smith, Taylor Overton and Emily Overton; and his sister, Lucile Adams and her husband, Bob, of Mableton, Ga.

He was predeceased by his brother, James Hale Overton.

Judge Overton was an unreconstructed old fashioned lawyer and judge. He was devoted to the highest ideals of the practice of law and to the fairness of the judiciary. But he rejected computers and resisted reliance on law clerks. Instead, he listened to and obeyed the letter of the law and the compass of his own mind. He ignored the newspapers and made his decisions based upon the law and the evidence, not upon public opinion. In doing so, he won the respect and admiration of his colleagues on the bench and hundreds of lawyers and litigants who appeared before him. There was virtually no occasion, except a social meeting with his fellow VMI cadets, in which he did not relish the opportunity to discuss a point of law.

Off the bench he was a doting father and grandfather, committed to teaching his children and his grandchildren about their heritage and his pride about the community in which he lived. To his friends, he was a gracious host with a dry wit who took great delight in growing the hottest peppers north of Mexico, and including them in their food and drink without warning. Throughout his life he had the joy of being surrounded by hundreds of devoted friends and family. These prominently included his childhood friends from 'North End,' his VMI 'Brother Rats,' his fellow church members, judges, lawyers, politicians and many others.

A memorial service will be held at 2 p.m. Friday, Jan. 11, at Trinity United Methodist Church, 228 29th St., Newport News, Va. A reception will follow immediately after the service in the church fellowship Hall.

In lieu of flowers, memorial gifts may be made to the VMI Foundation, Inc., P.O. Box 932, Lexington, VA 24450, or to the charity of choice.

Service arrangements are under the care of Parklawn-Wood Funeral Home and Cremation Services, 2551 N. Armistead Ave., Hampton.

Published in the Daily Press on 1/10/2008.
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