Braswell v. Braswell

195 Va. 971, 81 S.E.2d 560 (1954)

Facts

Testator conveyed a tract of land to his son Nathaniel 'during his natural life and to his lawful heirs at his death, and if [he] should die leaving no lawful heir from his body, then the land herein conveyed shall revert back to [Testator] or his lawful heirs.' Testator's heirs were Nathaniel and two other sons (D). Nathaniel died testate, but without issue, leaving all his property to Charles Braswell (P). P filed an action asserting a one-third interest in the land as a tenant in common with D. The trial court found in P's favor.