Matthews v. . Matthews

The difficulty the courts have encountered in applying the rule in Shelley’s case does not arise out of any complexity in the rule itself. The application of the rule to particular facts presented is what has called forth much discussion in many decisions and which has caused such confusion as may exist in the minds of the legal profession in determining just when the rule applies. Generally speaking, the rule applies and a fee is conveyed when “heirs” or “heirs of the body” are used in their technical sense and carry the estate to the entire line of heirs to hold as inheritors under our…