Shapley v. Diehl

Citations

• 203 Pa. 566
• 53 A. 374
• 1902 Pa. LEXIS 760

Syllabus

<p>Deed, — Buie in Shelley's Case — Children—Heirs.</p> <p>In determining whether the rule in Shelley’s Case is applicable, the test is how the donees in remainder are to take. If as purchasers under the donor then the particular estate is limited by the literal words of the deed and the rule in Shelley’s Case has no application. But if the remainder-men are to take as heirs to the donee of the particular estate, then the superior intent as declared in Shelley’s Case operates and the first donee takes a fee, whatever words may be used in describing the estate given to him.</p> <p>A grant to a son “ for the term of his natural life and at his death to his children or heirs,” vests in the son afee under the rule in Shelley’s Case.</p> <p>The rule in Shelley’s Case is a rule of law, not a rule of construction and where a case falls within it, it applies inexorably without reference to intent.</p>