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Braswell v. Braswell

Supreme Court of Virginia
81 S.E.2d 560 (1954)


James Braswell executed a deed conveying land to his son, Nathaniel, “during his natural life and to his lawful heirs at his death, and if the said Nathaniel T. Braswell should die leaving no lawful heir from his body, then the land herein conveyed shall revert back to the said James J. Braswell or to his lawful heirs.” James died without leaving a will. Nathaniel later died and left a will bequeathing all his real property to Charles Braswell (plaintiff). Charles brought a suit for partition against Nathaniel’s brothers, S.J. and W.H. Braswell (defendants). Charles asserted that he owned an undivided one-third interest in the property conveyed by James Braswell’s deed. The trial court agreed. S.J. and W.H. Braswell appealed.

Rule of Law


Holding and Reasoning (Smith, J.)

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