Shelley's Case
1581 · 1 Co Rep 93b
Posted By lanbuk.com
- Facts
- The rule takes its name from the litigation over the Shelley family settlements in the reign of Elizabeth I. Land was limited to a person for life, with a remainder to his heirs.
- Issue
- Do the heirs take by purchase, or does the ancestor take the inheritable estate?
- Held
- The ancestor takes. The words 'heirs' are .
- Principle
- If a freehold is given to a person and, in the same instrument, an estate is limited mediately or immediately to his heirs or the heirs of his body, and both limitations are legal or both equitable, the ancestor takes the fee or the tail.
- Why it matters
- England abolished the rule in 1925. It is still law in Sierra Leone, and it applies even against the donor's intention.
Words and Latin in this note
- Words of limitation
- Words that mark the size of the estate the grantee takes, such as 'and his heirs'. They do not give anything to the heirs themselves. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.