Will of Ella:
real estate to Norman for life, then to Norman’s “legal heirs”
Will of E.L.
real estate to Ella for life, then to Norman for life, then to Norman’s “legal heirs
then living according to the statutes now in force”
to A for life, then to those persons, who according to applicable law, would take A’s real
property if A should die intestate….same as if it said “to A’s heirs”
to A for life, then to B and his heirs if B survives A, but to A’s heirs if B does not survive
A….under Shelley’s Case, “to A’s heirs” will go to A, and if that occurs, A’s life estate
merges with the remainder to create a fee simple absolute
to A for life, then the heirs of A if they attend A’s funeral…this is an executory interest,
therefore the rule does not apply
to T in trust to manage the property for A during A’s lifetime and at A’s death to convey
to A’s heirs…does not apply because one interest is legal and the other equitable
many states have abolished this rule by statute (Ark. and Del. love the rule)
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