MBE Rules · Real Property

Doctrine of Worthier Title

The rule

A grantor's inter vivos conveyance that purports to create a remainder in the grantor's own heirs instead gives the grantor a reversion, and no future interest arises in the heirs. Modernly the doctrine is a rebuttable rule of construction turning on the grantor's intent, and many states have abolished it.

In plain English

If O conveys "to A for life, remainder to O's heirs," O keeps a reversion — the heirs get nothing. The theory: taking by descent is "worthier" than taking by purchase. Watch for grantor-to-own-heirs language.

The trap

Confusing it with the Rule in Shelley's Case — Worthier Title is about the GRANTOR's heirs; Shelley's is about the GRANTEE's heirs.

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