Supreme Court of Virginia
315 S.E.2d 196 (Va. 1984)
Viva Parker Lilliston died and left her farm to her daughter, Margaret Jones, on the condition that Jones kept it free from encumbrances and creditors. If Jones encumbered the farm or creditors came after it, the Lilliston will stated that Jones’s interest would cease and the remainder would divest to Jones’s six children in equal shares. Subsequently, Jones wanted to sell the farm and sought the consent of her children. Beverly Bradley (plaintiff) was the only child that would not give her consent. When Jones died, her will left Bradley $1 and ordered the farm to be sold with the proceeds split equally among her other children (Edwards) (defendants). Bradley brought suit alleging that the Lilliston will created a life estate in Jones with remainder to Jones’s children. The trial court ruled in favor of Bradley.
Rule of Law
Holding and Reasoning (Cochran, J.)
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