Kesterson v. Bailey

NEILL, Associate Justice.

The word “heirs” is essential to justify the application of the rule in Shelley’s case, just as it is at common law to create an ordinary estate in fee simple. Thus, the rule does not apply when the limitation is to such persons as would be entitled to take from the life tenant by descent. Handy v. McKean, 64 Md., 560, 572, 4 Atl. Rep., 125; Hofsass v. Mann, 74 Md., 400, 22 Atl. Rep., 65; Hardage v. Strope, 58 Ark., 303, 24 S. W. Rep., 490. Nor does it apply when the word “heirs,” in the phrase “heirs of the body,” is used in the sense of children, and as a word of…