SHIRLEY v. SHIRLEY

Record No. 990611.

525 S.E.2d 274 (2000)

Katherine Fitzgerald SHIRLEY v. Katherine Gray SHIRLEY, et al.

Supreme Court of Virginia.

March 3, 2000.


Attorney(s) appearing for the Case

Richard H. Barrick (Barrick & Deinlein, on briefs), Charlottesville, for appellant.

Robert H. Blodinger, Charlottesville, for appellee Katherine Gray Shirley.

William R. Marshall, Jr. (Taylor, Hazen, Kauffman & Pinchbeck, on brief), Richmond, for appellees Western Financial Bank and Mary-Susan Payne, Trustee.

Present: CARRICO, C.J., COMPTON, LACY, HASSELL, KEENAN, KOONTZ, and KINSER, JJ.


KINSER, Justice.

In this appeal, we address the common law rule that, in a deed, a reservation or exception in favor of a stranger to the instrument does not create in the stranger any right or interest in the property being conveyed. The circuit court relied on this rule to sustain demurrers to a bill of complaint seeking a declaratory judgment that a reservation in favor of a stranger to a deed created a life estate for the benefit of the stranger. Since this rule...

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