MBE Rules · Real Property
Rule in Shelley's Case
The rule
When a single instrument creates a freehold estate in a grantee and a remainder in that same grantee's heirs, the remainder is treated as belonging to the grantee, and the doctrine of merger then gives the grantee a fee simple. The rule has been abolished in most U.S. jurisdictions.
In plain English
"To A for life, remainder to A's heirs" becomes fee simple in A. The rule collapses the life estate and the remainder because both are in A's line. Abolished in most states, but still testable on the MBE.
Memory hook
Shelley = Same person (grantee) on both ends → merger to fee simple.
The trap
Do not confuse with Worthier Title (grantor's heirs) — Shelley's is the grantee's heirs.
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