 It is a rule in law, 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 immediately to his heirs in fee or in tail; that always in such cases, 'the heirs'...  Pennsylvania State Reports - Page 98by Pennsylvania. Supreme Court - 1859Full view - About this book
 | Jasper Yeates, Pennsylvania. Supreme Court - Law reports, digests, etc - 1871 - 636 pages
...devise. Hob. 32. Co. Lit. 22. b. 1 Bro. Cha. Rep. 220. The defendant relies on the rule in Shelly's case, that when', the ancestor by any gift or conveyance...the same gift or conveyance, an estate is limited either mediately or immediately to his heirs in fee or in tail, always in such cases, heirs are words... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Erasmus Peshine Smith, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1884 - 600 pages
...stood before the enactment of those statutes. The substance of the rule in Shelley's Case (1 Co. 104 a) is, that " when the ancestor, by any gift or conveyance,...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... | |
 | John Indermaur - Conveyancing - 1873 - 104 pages
...and some other objects. SHELLEY'S CASE. (Lead. Cat. Conv. 507.) Decided:—That where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs or the heirs of his body, the word " heirs " is a word... | |
 | Henry Foulks Lynch - Law - 1874 - 460 pages
...remainder no tenure exists. State the rule in Shelley's Case, and where is it found? Wherever a man by any gift or conveyance takes an estate of freehold,...in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail, the word " heirs" is a word of limitation,... | |
 | John Campbell Baron Campbell - Great Britain - 1874 - 480 pages
...counsel for the nephew, and succeeded in establishing the celebrated rule, that " Where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs either in fee or in tail,' heirs' is a word of limitation,... | |
 | Anson Bingham - Decedents' estates - 1875 - 570 pages
...CASE ; ITS EFFECT. The rule in Shelley's case, 1 Coke R 219, 227, is thus stated : " When the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs, either in fee or in tail, the heirs are words of limitation... | |
 | Law - 1875 - 462 pages
...Shelley's case ") is expressed in these words : "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... | |
 | John Indermaur - Conveyancing - 1877 - 188 pages
...Parks Act. SHELLEY'S CASE. (Ltwl. Gas. Ganv. 507.) (1 Ga. 93 6.) Decided:—That where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs or the heirs of his body, the word " heirs " is a word... | |
 | John Barbee Minor - Common law - 1877 - 1150 pages
...in Virginia, toiicliing the rule; WC' I1. The precise Terms of the Rule in Shelley's Case. Wherever the ancestor, by any gift or conveyance, takes an estate of freehold in lands or tenements, and in the same gift or conveyance, an estate is afterwards limited by way of... | |
 | Edward Henslowe Bedford - Law - 1879 - 308 pages
...of the particular estate. What do you know of the rule in Shelley's case ? Give an example. 'Where the ancestor by any gift or conveyance takes an estate...in the same gift or conveyance an estate is limited cither mediatety or immediatety to his heirs in fee or in tail, the word heirs are words of limitation... | |
| |
