Monday, November 25, 2013

Edwards v. Bradley case brief

Edwards v. Bradley case brief summary
315 S.E.2d 196 (Va. 1984)

Appellant heir challenged the decision of the Circuit Court of Accomack County (Virginia), which decreed that under the will at issue, a life estate in the farm was devised to appellee beneficiary with remainder to her six named children in fee simple.

The issue was whether by certain provisions in her will a testatrix had devised a fee simple estate or a life estate in real property therein described.


  • The court affirmed. 
  • The court found that the testatrix intended the beneficiary to have the use and benefit of the real estate free of the claims of her creditors. 
  • The court also found that, although the will did not expressly designate the beneficiary's children as remaindermen, the conditional limitation to them indicated that they were intended to take the farm when their mother's interest terminated, whether by violation of the conditions or otherwise. 
  • The court concluded, therefore, that the trial court properly ruled that the beneficiary acquired a life estate in the property with remainder at her death in fee simple to her six children.
The decree was affirmed.

Recommended Supplements and Study Aids for Property Law

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