Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

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 ...

Register or login to access full content