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If a freehold is created in A and purports to create a remainder in A's heirs or in the heirs of A's body, and the estates are both legal or both equitable, then the remainder becomes a remainder in fee simple or a fee tail in A. The purpose for the rule in Shelley's Case under modern law is that it makes land alienable one generation earlier. The Rule in Shelley's Case does not apply to personal property. Under modern law, the Rule in Shelley's case requires a life estate. In Shelley's Rule the life estate can be determinable or subject to condition subsequent. If the life estate is subject to a condition precedent which is not applicable to the remainder to A's heirs, the rule in Shelley's case does not apply. However, the rule might apply later when the condition is met.


If the life estate in Shelley's Case lapses, the rule in Shelley's Case should not apply. However, there is some authority that applies the rule which causes the remainder in the heirs to lapse. The rule in Shelley's Case applies when an executory interest has been created if both the life estate and the remainder ...

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