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).
双语律师Shifang，知名法学院法律专业，擅长翻译各类与
企业改组和重组相关的法律文件。
