Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
their first use. And all this matter was found in assize by
Assaby and others against Lady Anne Manners and others. And
judgment was given that the entry and feoffment were good and
lawful, and the use changed by the first indenture and agreement.
Yet error was alleged. The judgment in the assize is
affirmed.
The famous Shelley's Case stands for the principle that where in
any instrument an estate for life is given to the ancestor, and
afterwards by the same instrument, the inheritance is limited
whether mediately, or immediately, to his heirs, or heirs of his
body, as a class to take in succession as heirs to him, the word
"heirs" is a word of limitation, and the ancestor takes the whole
estate. For example, where property goes to A for life and the
remainder goes to A's heirs, A's life estate and the remainder
merge into a fee in A.
Edward Shelley was a tenant in tail general. He had two sons. The
older son predeceased his father, leaving a daughter and his
wife pregnant with a son. Edward had a common recovery (the
premises being in lease for years) to the use of himself for
term of his life, after his decease to the use of the male heirs
of his body, and of the male heirs of the body of such heirs,
remainder over. After judgment and the awarding of the writ of
seisin, but before its execution, Edward died. After his death,
and before the birth of his older son's son, the writ of seisin
was executed. The younger son entered the land and leased it to a
third party. Afterwards, the son of the older son was born. He
entered the land and ejected the third party. It was held that
the younger son had taken quasi by descent until the birth of
the older son's son. The entry by the older son's son was
lawful. The third party was lawfully ejected. (Shelley's Case,
King's Bench, 1581, English Reports - Full Reprint, Vol. 76,
Page 206.)
Chapter 14: Epilogue
William Brewster and William Bradford and other puritans and
pilgrims sailed on ships such as the Mayflower to found a colony
in North America in 1607. England developed a commonwealth of
countries around the world, including Canada, Australia, New
Zealand, and India.
Public-domain text, read in full here on John Shaqi.
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