Shelley’s Case, Rule In in Europe
Definition of Shelley’s Case, Rule In
((1581), 1 Co. 93 b). 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 of limitation and not of purchase ; so that the ancestor takes the whole estate comprised in the term; that is to say, in the first case, an estate in fee-simple ; in the second, an estate in fee tail. The rule is abolished by section 131, Law of Property Act, 1925
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Definition of Shelley’s Case, Rule In is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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