Shelly’s Case

‘This case reported in 1 Rep. 93, contains a rule usually known as the rule in Shelly’s case, which has caused more commentaries perhaps than any other case. It has been expressed with great precision, though not with much elegance to be “ in any instrument, if a freehold be limited to the ancestor for life, and the inheritance to his heirs, either mediately or immediately, the first taker takes the whole estate; if it be limited to the heirs of his body, he takes a fee tail; if to his heirs, a fee simple.” Co. Litt. 8376, b; and Mr. Butler’s note (1); 3 Binn. R. 1389; 1 Day, R. 299; 1 Prest. on Estates, ch. 3; 4 Kent, Com. 206; Cruise, Dig. tit. 32, c. 22; 2 Yeates, R. 410.