Rule in Shelley's Case

Rule in Shelley's Case
"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 Co.Rep. 93b (1581).
This rule has also been expressed as follows: "Where 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 any interest 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." In re Thome's Estate, 344 Pa. 503, 25 A.2d 811, 819.
Intimately connected with the quantity of estate which a tenant may hold in realty is the antique feudal doctrine generally known as the "Rule in Shelley's Case," which is reported by Lord Coke in 1 Coke, 936 (23 Eliz. in C.B.). This rule was not first laid down or established in that case, but was then simply admitted in argument as a well-founded and settled rule of law, and has always since been quoted as the "Rule in Shelley's Case." The rule was adopted as a part of the common law of this country, though it has long since been abolished by most states

Black's law dictionary. . 1990.

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  • rule in Shelley's Case — rule in Shel·ley s case / she lēz / often cap R [from Wolfe v. Shelley, a 1581 English case invoking the rule]: a former common law rule that converted a life estate of an ancestor into an estate in fee and destroyed the remainder to the heirs… …   Law dictionary

  • Rule in Shelley's Case — The Rule in Shelley s Case is a rule of law that may apply to certain future interests in real property and trusts created in common law jurisdictions. [Moynihan, Cornelius, Introduction to the Law of Real Property , 3d Edition, West Group (St.… …   Wikipedia

  • rule in Shelley's Case — In the classic statement of the rule as made in the case from which it derived its name: when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or… …   Ballentine's law dictionary

  • rule in Shelley's Case — See Shelley s Case, Rule in …   Black's law dictionary

  • Rule in Dumpor's Case — Property law Part of t …   Wikipedia

  • Shelley's Case, Rule in — 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 …   Black's law dictionary

  • Shelley's Case — See Rule in Shelley s Case …   Ballentine's law dictionary

  • Shelley's Case, rule in — n. This rule governing property dates from 1324 and states that if a property is bequeathed to a person and a remainder to his heirs, the remainder is considered to belong to the person named in the bequeathal so that the person has a fee simple… …   Law dictionary

  • rule — 1 n 1 a: a prescribed guide for conduct or action b: a regulating principle or precept 2 a: an order or directive issued by a court in a particular proceeding esp. upon petition of a party to the proceeding that commands an officer or party to… …   Law dictionary

  • Shelley — Peopleurname* Alex Shelley, stage name of professional wrestler Patrick Martin * George Ernest Shelley, an ornithologist * Howard Shelley, a British pianist * John Shelley, U.S. politician * Mary Shelley, English novelist famous for writing… …   Wikipedia

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