Braswell v. Braswell
Supreme Court of Virginia
81 S.E.2d 560 (1954)
James Braswell's deed gave his son Nathaniel a life estate, with the remainder going to Nathaniel's heirs, but specified that if Nathaniel died leaving no heirs, the land would revert to James or his own heirs. James died intestate, and Nathaniel later died, leaving his real property by will to Charles Braswell (plaintiff), who sued Nathaniel's brothers (defendants) for partition, claiming a one-third interest in the land through the reversion. The trial court agreed with Charles, and the brothers appealed.
Whether language in a deed purporting to create a remainder interest in the grantee's heirs is presumed to instead create a reversionary interest in the grantor when the deed also fixes the time for determining those heirs at the grantor's own death.