Braswell v. Braswell - 195 Va. 971, 81 S.E.2d 560 (1954)

Rule:

Where there is a grant to one for life, with remainder to the heirs of the grantor, there is in fact no remainder; for the limitation, though denominated a remainder, continues in the grantor as his old reversion, and does not devolve upon his heirs as purchasers, as it would if it were a remainder, but as his heirs.

Facts:

Grantor conveyed a tract of land which he owned in fee simple to his son. If his son should die leaving no lawful heir, then the land would revert back to the grantor or his lawful heirs. The grantor died intestate. One son died testate and without issue, devising all his real property to appellee. Appellee instituted action against appellants for partition, alleging he was the owner as tenant in common of one-third undivided interest in the land. The trial court upheld this claim of ownership. Appellants challenged the trial court’s decision. 

Issue:

Did the trial court err in upholding the appellee’s claim of ownership? 

Answer:

No.

Conclusion:

The supreme court affirmed the decision when it found that the common law rule against remainders to the grantor's heirs was controlling. Thus, upon the grantor's death intestate, his reversion passed to his three sons in equal shares and upon the son's death testate and without issue, this one-third interest in the reversion which he had inherited passed to appellant.