Constructional Rules

Question 1

Rule In Shelley’s Case

Answer 1

Requirements:

1. A must get a freehold estate (a life estate or a fee tail);
2. A’s heirs must get a remainder in fee (or in tail);
3. the same instrument must create both A’s and A’s heirs’ interests; and
4. both estates must be legal or both must be equitable.

Question 2

Effect of Rule of Shelley’s Case

Answer 2

1. A gets both a life estate and a remainder; and
2. by merger, A gets a fee simple and thus A’s heirs take nothing by virtue of the grant itself.

Question 3

doctrine of worthier title

Answer 3

Requirements:

1. A must receive an estate less than a fee simple, such as a life estate or a term of years;
2. O’s heirs must receive a remainder (or an executory interest, in the rare case);
3. both interests must be created by the same instrument; and
4. both interests must be legal or both must be equitable.

Question 4

What does Doctrine of Worthier Title apply to?

Answer 4

Inter vivos transfers

Question 5

Waste

Answer 5

An act that adversely affects the future interest