 It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs'...  The Law Student's Helper - Page 891903Full view - About this book
 | Francis Bacon - 1806 - 308 pages
...described by the appellation of the rule in Shelley's case, and which was in that case thus defined — ' When the '• ancestor by any gift or conveyance takes...the same gift or conveyance an estate ' is limited either mediately or immediately to his heirs * in fee or in tail ; that always in such cases (the heirs)... | |
 | William Blackstone - 1807 - 698 pages
...purchase, I may observe, that the much-talkcd-of rule in Shelly's case, 1 Co. 104. is this, viz. " when the ancestor, by any gift " or conveyance, takes...the same gift or " conveyance an estate is limited, either mediately or immediately, " to his heirs in fee or in tail, that always in such cases the helrt... | |
 | Virginia. Supreme Court of Appeals, William Waller Hening, William Munford - 1808 - 662 pages
...before us. Christian, in his notes on 2d Book of B. Com. pa. 20, lays down the rule in these words, " When the ancestor by any gift or conveyance takes " an estate of freehold, and in the same gift or convey" ance an estate is limited mediately or immediately to " his heirs in fee or in tail, always... | |
 | Great Britain. Court of King's Bench, Sylvester Douglas Baron Glenbervie - 1813 - 1010 pages
...only applies where the 6rst and subsequent limitations are in the same instrument. The words are : " When the ancestor, by any gift or conveyance, " takes an estate of freehold, and, in the same gift or con" veyance, an estate is limited, either mediately or im" mediately, to his heirs in fee, or in tail,... | |
 | Great Britain. Court of King's Bench - 1813 - 502 pages
...only applies where the first and subsequent limitations are in the same instrument. The words are : " When the ancestor, by any gift or conveyance, " takes an estate of freehold, and, in the same gif't or con" veyance, an estate is limited, either mediately or ira" mediately, to his heirs in fee, or in... | |
 | Richard Holmes Coote - 1814 - 226 pages
...ancestor so taking the freehold, and therefore is not contingent or in abeyance. F. 99 And also, wherever the ancestor, by any gift or conveyance, takes an estate of freehold, and there is afterwards in the same gift or conveyance a limitation to his right heirs, or heirs in tail,... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 898 pages
...by the statute of uses ? The rule in Shelley's case (a) has always been adhered to, that where a man by any gift or conveyance takes an estate of freehold,...in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail, " the heirs" arc words of limitation... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 pages
...in Shelley'* case (a), and recognized in a variety of subsequent cases, is that where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs, either in fee or in tail; the word " heirs" is a word... | |
 | William Cruise - 1818 - 596 pages
...the ancestor. 3. To remedy this, it appears to have been very early established, as a rule of law, that " when the ancestor by any gift or conveyance...the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee, or in tail ; that always in such cases (the heirs)... | |
 | Sir Edward Coke, Sir Thomas Littleton, John Henry Thomas - 1818 - 752 pages
...obviate which inconveniences, was the origin of (he rule of law, laid down in Shelley's case, viz. that " when the ancestor, by any gift or conveyance,...the same, gift or conveyance an estate is limited, either mediately or immediately, to his heirs, in fee or in tail, that always, in such cases, ' the... | |
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