BRASWELL V. BRASWELL
195 Va. 971, 81 S.E.2d 560 (1954)
NATURE OF THE CASE: This was an action to have an ownership interest declared. Appealed.
Appellants (S.J. and W.H.(D)) challenged a judgment in favor of appellee in appellee's (C.M.
(P)) action for partition in which P alleged that he was the owner as tenant in common of a
one third undivided interest in land conveyed by a deed.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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