Edwards v. Bradley
Supreme Court of Virginia
315 S.E.2d 196 (Va. 1984)
Viva Lilliston's will left her farm to her daughter, Jones, on condition that Jones keep it free of encumbrances and creditors; if she failed, her interest would end and the farm would pass in equal shares to her six children. When Jones later wanted to sell the farm, one child, Bradley (plaintiff), refused consent; when Jones died, her own will left Bradley only $1 and directed the farm sold with proceeds split among her other five children (defendants, appearing as Edwards). Bradley sued, arguing Lilliston's will had actually created only a life estate in Jones with a remainder vesting automatically in all six children, meaning Jones had nothing left to give away by her own will. The trial court agreed with Bradley.
Whether, absent specific language identifying the type of ownership interest created, a will imposing forfeiture restraints on alienation of devised land creates a life estate in the devisee.