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Issue 2: To trigger the Rule in Shelley’s Case, must estates be of equal quality?Rule 2: There are three requisites for the application of the Rule in Shelly’s Case: (1) a freehold estate must be granted to the ancestor;(2)a remainder must be limited to his heirs, general or special; and(3)the two estates, freehold and remainder, must both be of the same quality, either legal or equitable.Estate of Annie I. Kern (1979)
Facts: The testator devised all her property to her only son, Ralph, who predeceased her. Pursuant to Iowa’s antilapse statute, the collateral heirs of the testator’s deceased husband claim the property should have been divided among Ralph’s heirs. The testator’s collateral heirs contend that the Doctrine of Worthier Title compelled the division of her property entirely among them alone.
Issue: Is the testamentary branch of the Worthier Title Doctrine operative in an antilapse statute context?
Rule: The Worthier Title Doctrine is prospectively abrogated in antilapse situations.Jee v. Audley (1787)
Facts: Audley willed that in default of issue by Mary Hall, the estate should pass to the daughters of John and Elizabeth Jee.Issue 1: When does a failure of issue of an individual occur?Rule 1: A failure of issue occurs when an individual is dead and all of the individual’s descendants are dead.Issue 2: At what age does the law recognize that a person can no longer have children?Rule 2: Every individual is presumed to be capable of having offspring at any time before the individual’s death.Issue 3: Can a will contain a limitation that upon failure of issue of a certain living individual, an estate passes to the offspring of a third party?Rule 3: Limitations on personal estates are void unless they necessarily vest within 21 years of a life in being when the interest was created.

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