Brislain v. Wilson

Citations

• 63 Ill. 173

Syllabus

<p>1. Shelly’s case—rule in. The rule in Shelly’s case is, “When the ancestor takes an estate of freehold by any gift or conveyance, and in the same gift or conveyance there is a limitation, either mediately or immediately, to his heirs or heirs of his body, the word ‘heirs’ is a word of limitation of the estate and not of purchase. The remainder is immediately executed in possession in the ancestor so taking the freehold.”</p> <p>. 3. So, where land was' conveyed by deed to A “during the period of her natural life, and to her heirs forever thereafter,” it was held, that, as the deed conveyed a life estate to A, which is a freehold estate, aud the immediate remainder was therein limited to her' heirs, all the requisites of the rule in Shelly’s case were fulfilled, and A took the fee in the land.</p>