 | Charles Barton - 1822 - 690 pages
...and not per formam danis, takes by descent. Thus, -by the rule in Shelley's case, so often mentioned, 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, the word heirs, is a word of limitation... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - 1823 - 726 pages
...the word " issue" in a will, is equivalent to " heirs." The rule is laid down in Shelley's case (6), 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... | |
 | William Hayes - 1824 - 542 pages
...different from, subsequent wqrds would be void; the defendant's counsel answered, that it is a RULE OF LAW when the ancestor by any gift or conveyance takes...the same gift or conveyance an estate is limited, either mediately or immedialeli/,1.0 hisheirs, in fee, or in tail; thata\wa.js, in such cases^ the... | |
 | Sir Edward Coke - 1826 - 734 pages
...as heir special ought to be heir general as well as heir special (t). Rule, that where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, cither mediately or immediately, to bis heirs, either in !'<••• or in tail, the heirs arc words... | |
 | Robert Walsh - 1829 - 532 pages
...words of limitation, and not of purchase. The rule in Shelly's case, (1 Coke Rep. 104,) is this: "where the ancestor, by any gift or conveyance, takes an...the same gift or conveyance, an estate is limited either mediately or immediately to his heirs, in fee, or in tail, in such cases the word heirs, are... | |
 | Sir Edward Coke, John Henry Thomas - 1827 - 884 pages
...by the subsequent conveyance or devise to hi» right heirs. For though it is a rule, that where tb,e ancestor by any gift or conveyance takes an estate of freehold, and in the same gilt, or conveyance. an est. te is limited, either mediately or immediately to hie heirs in fee, or... | |
 | William Blackstone - 1827 - 916 pages
...regular course of descent from father to son, or from any other ancestor to hi? heir at law. 2. Where the ancestor, by any gift or conveyance takes an estate of freehold, an-1 in the same conveyance, an estate is limited, either mediately or immediately to his heir» ш... | |
 | 1828 - 724 pages
...upon a rule thus expressed by my Lord Goke in his report of Shelley's case (1. Co. 93) : — " Where the ancestor by any gift or conveyance takes an estate...the same gift or conveyance, an estate is limited, either mediately or immediately to his heirs in fee or in tail, in all such cases the heirs are words... | |
 | John Reeves - 1829 - 280 pages
...purchaser, or they would have no sense or effect, they laid down this old rule of law, that where an ancestor, by any gift or conveyance, takes an estate...the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, then heirs are words of limitation,... | |
 | New Jersey. Court of Chancery - 1846 - 620 pages
...to his legal heirs at law." This devise comes clearly within the rule in Sheltys case, (I Co. 104.) "When the ancestor by any gift or conveyance takes...in the same gift or conveyance an estate is limited either mediately or immediately to his heirs, in fee or in tail: always in such cases the word "heirs"... | |
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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'... 
