Shelley's case

SHELLEY'S CASE. This case, reported in 1 Rep. 93, contains a rule usually known as the rule in Shelley's case, which has caused more commentaries perhaps than any other case. It has been expressed with great precision, though not with much elegance, to be "in any instrument, if a freehold be limited to the ancestor for life, and the inheritance to his heirs, either mediately or immediately, the first taker takes the whole estate; if it be limited to the heirs of his body, he takes a fee tail; if to his heirs a fee simple." Co. Litt. 376, b and Mr. Butler's note, 1; 3 Binn. R. 139 1 Day, Rep. 299; 1 Prest. on Estates, ch. 3; 4 Kent, Com. 206; Cruise, Dig. tit. 32, c. 22; 2 Yeates, R. 410; 1 Hargr. Law Tracts, article "Observations concerning the rule in Shelley's case, chiefly with a view to the application of that rule in Last Wills;" 5 Ohio R. 465.

References in periodicals archive ?
As for Shelley's case, police did not investigate until Haselberger alerted them in February.
In Shelley's case, she was able to get things sorted out with the lien issue but not the curling shingles.
McGlynn follows in the footsteps of former League of Ireland players Clive Delaney, Liam STAYING Kearney, Steven Gray and Brian Shelley who now live, play and, in Shelley's case, manage in Australia.
Tom Lyons, senior vice president for security at Navy Federal, said he did not have any information about Shelley's case and could not discuss it in details, the paper reported.
In Shelley's case, anarchy also imposes a kind of fiat that should not be obeyed and institutionalized regardless of its claims to instrumental efficiency.
Denise feels Shelley's case only proves how badly the immunisations are needed as a further way to beat cancer of the cervix.
For Shelley's case to succeed it would "require very positive evidence indeed" of a failure by the prison authorities to carry out their obligations.
IT'S not uncommon for relegated teams to be among the strongest the following year, and in Shelley's case they certainly emphasise that point.
MERSEYSIDE police are appealing for a key witness to come forward regarding Shelley's case.