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Simple English definitions for legal terms
Shelley's Case, Rule in
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A quick definition of Shelley's Case, Rule in:
SHELLEY'S CASE, RULE IN: A legal rule that says if someone is given a piece of property and the property is also supposed to go to their heirs after they die, the person actually gets to keep the property and it doesn't go to their heirs. This rule has been around for a long time, but most states don't use it anymore. Some people think it's not very helpful or safe to use this rule.
A more thorough explanation:
The Rule in Shelley's Case is a legal principle that applies to property law. It states that if a single grant gives a freehold estate to a person and a remainder to the person's heirs, the remainder belongs to the named person and not the heirs. This means that the person is considered to have a fee simple absolute.
For example, if John is granted a property with the condition that it will go to his heirs after his death, the Rule in Shelley's Case would apply. This means that John would have complete ownership of the property, and his heirs would not have any rights to it until after his death.
The Rule in Shelley's Case has been around since the 14th century and is named after a famous 16th-century case. However, it has been abolished in most states.
Overall, the Rule in Shelley's Case is a legal principle that determines who has ownership of a property in certain situations. It is important to understand this rule when dealing with property law.