Edwards v. Bradley

315 S.E.2d 196 (Va. 1984)

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Nature of the Case

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Facts

Viva died testate in 1969. Her will was dated January 12, 1957, and was duly probated with a 1958 codicil that allowed for reverter to her daughter’s children if the devises were encumbered with debt or there was any attempt to sell. The children were named in the will to get equal shares in fee simple. Viva’s daughter, Margaret Jones, qualified as executrix under her mother’s will. In 1979, Jones sought to have the children and their spouses execute an agreement to consent to her selling the farm. Only one of her daughters, Bradley, declined to execute the agreement. In 1980, Jones, died testate. In her will, that was executed in 1979, she left Bradley $1.00 and directed that the farm be sold and the proceeds distributed equally among her other children. Bradley filed a bill of complaint in the trial court alleging that under the Viva will a life estate was devised to Jones with remainder to Jones’s children. Bradley sought to enjoin the sale or encumbrance of the farm without her consent and asked the court to determine her interests. After hearing the evidence, the court determined that none of the conditions of Viva’s will had been violated. The court then determined that a life estate had been devised to Jones with a remainder to the six named children in fee simple. A final decree was issued. Edwards appealed; Jones had a fee simple title subject to valid conditional limitations and having not violated the conditions could freely dispose of the farm or in the alternative if the conditions were invalid, Jones was vested with a fee simple title without restrictions or conditions even though an unconditional vesting would be contrary to Viva’s intent to protect the farm from Jones’ creditors.