Shephard v. . Horton

That the estate conveyed by the deed is a fee simple under the rule in Shelley’s case, as the plaintiff contends, is a proposition which in our opinion cannot be maintained. This is evident from the language of the rule itself: “Where a person takes an estate of freehold, legally or equitably, under a deed or will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without the interposition of another estate, of any interest of the same legal or equitable quality to his heirs, or heirs of his body, as a class of persons to take in succession…