Hinton v. Hinton

We have the case of a deed that reads like the deed in Shelley’s Case. But, unfortunately, the rule in Shelley’s Case cannot help us solve the riddle of this deed, because that rule has been abolished by Virginia Code § 55-14.

The deed in question, executed by E. J. Marsh and Mary Marsh on January 28, 1927, conveyed property known as Bunker Hill Farm to their daughter Emma M. Hinton during her lifetime. The granting clause of the deed then provided:

“and then to the natural heirs of her body forever — to her as long as she may live, then at her death to the natural heirs of her body, if any of…