Rule in Shelley's case abolished, effect
When a will gives someone a life estate (the right to use property until they die) and also says the property goes to that person's heirs after they die, those heirs get the property outright as full owners — not through the life tenant's estate, but as direct recipients named by the will.
474.470. abolished, effect. — Where under a will a is which is limited to the , or of a person to whom a in the same is devised, the persons who, on the of the life estate, are the heirs, or heirs of the body of the , are entitled to take as , by virtue of the remainder so limited in them.
(RSMo 1939 § 563, A.L. 1955 p. 385 § 276)
Prior revisions: 1929 § 562; 1919 § 555; 1909 § 578
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.