Rule in Wild's Case

Rule in Wild's Case

The Rule in Wild's Case is a common law rule of construction dating back to 1599 concerning a particular type of ambiguity in devises (such as grants or bequests) of real property: If a grantor (O) grants, by deed or will, property to another person (A) with the language "To A and her children", who gets lawful possession of the property?

The rule resolves this ambiguity as follows:
* If A has living children at the time of the grant, A and her children take the property as joint tenants.
* If A does not have living children at the time of the grant, A takes the property in fee tail.

This rule has fallen into disuse in those jurisdictions which no longer recognize the fee tail as a legal estate. Some U.S. states ignore the rule altogether, and interpret such a grant as giving A a life estate and creating a remainder in her children. Section 14.2 of the Restatement (Third) of Property repudiates the Rule in Wild's Case, suggesting that many authorities consider it to be obsolete.

References

Dukeminier, Jesse, Johansen, Stanley M., Lindgren, James, and Sitkoff, Robert. "Wills, Trusts, and Estates, 7th Edition", p. 664. Aspen Publishers, 2005. ISBN 0-7355-3695-3

External links

* [http://www.answers.com/topic/rule-in-wild-s-case?cat=biz-fin Article from] Answers.com


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  • rule in Wild's Case — n. A property law rule of construction that considers a property granted to A and As children as a fee tail if A has no children as of the effective date of the grant, but as a joint tenancy if A does have children at that time. Webster s New… …   Law dictionary

  • rule in Wild's Case — See first resolution in Wild s Case; second resolution in Wild s Case …   Ballentine's law dictionary

  • rule in Wild's case — A devise to B. and his children or issue, B. having no issue at the time of the devise, gives him an estate tail; but, if he have issue at the time, B. and his children take joint estates for life …   Black's law dictionary

  • rule in Shelley's Case — rule in Shel·ley s case / she lēz / often cap R [from Wolfe v. Shelley, a 1581 English case invoking the rule]: a former common law rule that converted a life estate of an ancestor into an estate in fee and destroyed the remainder to the heirs… …   Law dictionary

  • Wild's case, rule in — A devise to B. and his children or issue, B. having no issue at the time of the devise, gives him an estate tail; but, if he have issue at the time, B. and his children take joint estates for life …   Black's law dictionary

  • rule — 1 n 1 a: a prescribed guide for conduct or action b: a regulating principle or precept 2 a: an order or directive issued by a court in a particular proceeding esp. upon petition of a party to the proceeding that commands an officer or party to… …   Law dictionary

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  • first resolution in Wild's Case — A famous and much controverted rule that an estate tail is created by a devise to a person and his children or issue if such person then has no issue, but if such person has issue at the specified time, the words are words of purchase and no… …   Ballentine's law dictionary

  • rule of law — 1: an authoritative legal doctrine, principle, or precept applied to the facts of an appropriate case adopting the rule of law that is most persuasive in light of precedent, reason and policy Wright v. Wright, 904 P.2d 403 (1995) 2: government by …   Law dictionary

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