US Laws, Codes, Statutes & Cases

§ 55-14. Estate of freehold to one with remainder to heirs, etc.; rule in Shelley's Case abolished.

Wherever any person by deed, will or other writing takes an estate of freehold in land, or takes such an estate in personal property as would be an estate of freehold if it were an estate in land, and in the same deed, will or writing an estate is afterwards limited by way of remainder, either mediately or immediately, to his heirs, or the heirs of his body, or his issue, the words "heirs," "heirs of his body," and "issue," or other words of like import used in the deed, will or writing in the limitation therein by way of remainder shall not be construed as words of limitation carrying to such person the inheritance as to the land, or the absolute estate as to the personal property, but they shall be construed as words of purchase, creating a remainder in the heirs, heirs of the body or issue.

(Code 1919, § 5152.)