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Property Law Keyed to Singer
Edwards v. Bradley
Facts
A will devised a farm to Margaret Edwards (Defendant), conditioned upon her keeping the farm free from encumbrances. If it ever became encumbered or creditors attempted to subject the farm to payment of Defendant’s debts, her interest would cease and become vested in her children. Defendant attempted to sell the farm, but one of her children, Beverley Bradley (Plaintiff), refused to let it be sold. Upon Defendant’s death, Defendant directed by will that the farm be sold and proceeds be distributed equally amongst her other children. Plaintiff alleges that the original will created a life estate in Defendant and a remainder to the children. Plaintiff seeks to enjoin the sale or encumbrance of the farm without Defendant’s consent.
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