rule in Shelley's Case


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 that was created in the same instrument as that creating the life estate see also executory interest at interest 1

Merriam-Webster’s Dictionary of Law. . 1996.

rule in Shelley's Case
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 absolute.
See also fee simple.

Webster's New World Law Dictionary. . 2000.


rule in Shelley's case
An English common-law doctrine that provided that a conveyance that attempts to give a person a life estate, with a remainder to that person's heirs, will instead give both the life estate and the remainder to the person, thus giving that person the land in fee simple absolute (full ownership without restriction).

Dictionary from West's Encyclopedia of American Law. 2005.


rule in Shelley's case
An English common-law doctrine that provided that a conveyance that attempts to give a person a life estate, with a remainder to that person's heirs, will instead give both the life estate and the remainder to the person, thus giving that person the land in fee simple absolute (full ownership without restriction).

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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  • 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 — 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

  • 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

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  • 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