Can anyone explain the Rule in Shelly's Case? I just don't get it.?
It is so confusing to read but I think it's a pretty simple idea.
Answer:
Pursuant to the rule in Shelley's case: if Grantor deeds a life estate in Blackacre to X and the remainder to the heirs of X, the remainder and life estate combine to form a fee simple estate in X. First, think about the purpose of most property rules: to increase alienabilty of land. Here, instead of breaking up the property into two estates, one for a term of years and a remainder - the first person's life estate is merged with the remainder to X's heirs. This merger does not occur when there is a life estate to a party and the remainder is to a completely different set of heirs. So if Grantor deeds a life estate to X and the remainder to Y's heirs, there is no merger and the rule does not apply.
Here is a link that talk about it.
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