RULE IN SHELLEY’S CASE
Rule in Shelley’s Case.Property. The rule that if — in a single grant — a freehold estate is
given to a person and a remainder is given to the person’s heirs, the remainder belongs to the
named person and not the heirs, so that the person is held to have a fee simple absolute. • The rule,
which dates from the 14th century but draws its name from the famous 16th-century case, has
been abolished in most states. Wolfe v. Shelley, 76 Eng. Rep. 206 (K.B. 1581). [Cases: Estates in
Property 8. C.J.S. Estates § 7.]
“[T]he rule in Shelley’s Case, the Don Quixote of the law, which, like the last knight errant of
chivalry, has long survived every cause that gave it birth and now wanders aimlessly through the
reports, still vigorous, but equally useless and dangerous.” Stamper v. Stamper, 28 S.E. 20, 22
(N.C. 1897). [Blacks Law 8th]