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Common Law Rules on Remainders

The document summarizes three common law property doctrines: 1) The Rule Against Destruction of Contingent Remainders, which destroyed contingent remainders if not vested at the termination of the preceding estate; 2) The Rule in Shelley's Case, which treated a remainder to the heirs of a life tenant as a remainder to the life tenant themselves; and 3) The Doctrine of Worthier Title, which treated a remainder to a grantor's heirs as creating a reversion in the grantor rather than a remainder interest. It provides examples and results of applying each doctrine, and notes their modern status has been abolished or treated as a rule of construction only in most jurisdictions.

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80 views1 page

Common Law Rules on Remainders

The document summarizes three common law property doctrines: 1) The Rule Against Destruction of Contingent Remainders, which destroyed contingent remainders if not vested at the termination of the preceding estate; 2) The Rule in Shelley's Case, which treated a remainder to the heirs of a life tenant as a remainder to the life tenant themselves; and 3) The Doctrine of Worthier Title, which treated a remainder to a grantor's heirs as creating a reversion in the grantor rather than a remainder interest. It provides examples and results of applying each doctrine, and notes their modern status has been abolished or treated as a rule of construction only in most jurisdictions.

Uploaded by

florina
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

CMR TECHNICAL RULES OF THE COMMON LAW

SUMMARY
CHART

Destruction of
Contingent Rule in Doctrine of
Remainders Shelleys Case Worthier Title

Rule Contingent remainders A remainder in a life A remainder in the


are destroyed if not tenant-grantees heirs is grantors heirs is
vested at time of deemed to be in the life ineffective, so grantor
termination of preceding tenant herself. has a reversion.
estate.

Example To A for life, remainder To A for life, then to As To A for life, then to my
to As children who reach heirs. heirs at law.
21.

Result If A has no children who A has a fee simple. A has a life estate;
are at least 21 at time of grantor has a reversion.
her death, property
reverts to grantor.

Modern Abolished in most Abolished in most Generally treated as rule


Status jurisdictions. jurisdictions. of construction only.

Modern Property reverts to As heirs have a Grantors heirs have a


Result grantor; As children contingent remainder. contingent remainder.
have a springing
executory interest.

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