rule in shelley’s case

Rule in Shelley’s Case. Property. The rule that if — in a single grant — a freehold estate is given to a person and a remainder is given to the person’s heirs, the remainder belongs to the named person and not the heirs, so that the person is held to have a fee simple absolute. • The rule, which dates from the 14th century but draws its name from the famous 16th-century case, has been abolished in most states. Wolfe v. Shelley, 76 Eng. Rep. 206 (K.B. 1581). [Cases: Estates in Property

8. C.J.S. Estates § 7.]

“[T]he rule in Shelley’s Case, the Don Quixote of the law, which, like the last knight errant of chivalry, has long survived every cause that gave it birth and now wanders aimlessly through the reports, still vigorous, but equally useless and dangerous.” Stamper v. Stamper, 28 S.E. 20, 22 (N.C. 1897).


专业法律词汇 词条贡献者
资深译员David,毕业于亚洲顶尖的高级翻译学院,擅长翻译有关汽车业的法律文件。
Scroll to Top