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Other Examples Where the Rule Does Not Apply


OTHER EXAMPLES WHERE THE RULE DOES NOT APPLY. The rule in Shelley's Case requires that the freehold shall be granted to the ancestor, and in the same instrument the fee simple or fee tail shall be limited to his heirs. Consequently if a freehold is given to A, and remainder to the heirs of B, in fee or fee tail, the heirs of B will take as pur chasers.

Again, in order that the rule in Shelley's Case may apply, the estate granted to the ancestor and the heir must in each case be both legal or both equitable es tates. Thus, suppose an estate for life is given to A, and remainder to his heirs in trust. In this case the word "heirs" cannot be used as descriptive of the estate given to A, because the estate given to him is a legal estate, and the remainder goes to his heirs in trust—an equitable estate. Hence it follows, that the word heirs cannot be descriptive of the estate given to the ancestor if the estate given the ancestor is dif ferent from the estate given to the heirs.