Property Law Keyed to Cribbet
Braswell v. Braswell
James J. Braswell, original grantor, in 1903, devised property in a life estate to Nathaniel Braswell, and to Nathaniel’s heirs at his death, but that if Nathaniel died without leaving heirs of his body, then the property was to revert back to James Braswell or James Braswell’s heirs. In this case the original grantor died intestate in 1932 leaving three sons as sole heirs at law (S.J. Braswell, W.H. Braswell, and Nathaniel Braswell the life tenant). Nathaniel Braswell, life tenant, died testate and without issue in 1952, and devised all his real property to Charles Braswell, the Plaintiff. The Plaintiff, Charles Braswell then instituted this suit in partition claiming to own as tenant in common a one-third undivided interest in the land granted under the 1903 conveyance. The lower court found in favor of the Plaintiff and the Defendants appealed.
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