Ratley v. . Oliver

The land which defendants contracted to purchase from the plaintiffs was devised to plaintiff W. A. Ratley “for his natural life, and at his death to his nearest heirs.”

Under the rule in Shelley’s case the language in which this devise was expressed must be given the effect of vesting a fee simple title to the land in the plaintiff Ratley. It is suggested by the defendants that the word “nearest” used by the testator limits the scope and meaning of the word heirs and prevents the application of the rule. It is argued that the phrase “nearest heirs,” instead of describing the extent and…