Shelley's Case, Rule In in United States
Shelley’s Case, Rule In Definition
When the ancestor, by any gift or conveyance, taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, ‘the heirs’ are words of limitation of the estate, and not words of purchase. 1 Coke, 104. This rule has been the subject of much comment. It is given by Mr. Preston (1 Prest. Est. pp. 263-419) as follows: “When a person takes an estate of freehold, legally or equitably,, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without the interposition of another estate, of the same legal or equitable quality, to his heirs, or heirs of his body, as a class of persons to take in succession from generation to generation, the limitation to the heirs entitles the ancestor to the whole estate.” See 15 B. Mon. (Ky.) 282; Harg. Tr. 489, 551; 2 Kent, Comm. 214. If the limitation be to “heirs of the body,” he takes an estate tail; if to “heirs” generally, a fee simple. 1 Day (Conn.) 299; 2 Yeates (Pa.) 410. It does not apply where the ancestor’s estate is equitable, and that of the heirs legal. 1 Curt. C. C. (U. S.) 419.
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Legal Issue for Attorneys
When the ancestor, by any gift or conveyance, taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, ‘the heirs’ are words of limitation of the estate, and not words of purchase. 1 Coke, 104. This rule has been the subject of much comment. It is given by Mr. Preston (1 Prest. Est. pp. 263-419) as follows: “When a person takes an estate of freehold, legally or equitably,, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without the interposition of another estate, of the same legal or equitable quality, to his heirs, or heirs of his body, as a class of persons to take in succession from generation to generation, the limitation to the heirs entitles the ancestor to the whole estate.” See 15 B. Mon. (Ky.) 282; Harg. Tr. 489, 551; 2 Kent, Comm. 214. If the limitation be to “heirs of the body,” he takes an estate tail; if to “heirs” generally, a fee simple. 1 Day (Conn.) 299; 2 Yeates (Pa.) 410. It does not apply where the ancestor’s estate is equitable, and that of the heirs legal. 1 Curt. C. C. (U. S.) 419.
Notice
This definition of Shelley’s Case, Rule In is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.