Florida Statute 689.17 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST

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F.S. 689.17

689.17 Rule in Shelley’s Case abolished.—The rule in Shelley’s Case is hereby abolished. Any instrument purporting to create an estate for life in a person with remainder to her or his heirs, lawful heirs, heirs of her or his body or to her or his heirs described by words of similar import, shall be deemed to create an estate for life with remainder per stirpes to the life tenant’s lineal descendants in being at the time said life estate commences, but said remainder shall be subject to open and to take in per stirpes other lineal descendants of the life tenant who come into being during the continuance of said life estate.

History.—s. 2, ch. 23126, 1945; s. 758, ch. 97-102.

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Amendments to 689.17

Annotations, Discussions, Cases:

Cases Citing Statute 689.17

Total Results: 2

In Re Estate of Rentz

152 So. 2d 480

District Court of Appeal of Florida | Filed: Apr 30, 1963 | Docket: 1185625

Cited 3 times | Published

"The foregoing rules appear to be in harmony with § 689.17, Fla. Stat., F.S.A. and seem to be covered in

Kach v. Cooley

201 So. 2d 254, 1967 Fla. App. LEXIS 4592

District Court of Appeal of Florida | Filed: Jul 20, 1967 | Docket: 64501743

Published

Acting C. J., and SPECTOR, J., concur. . Section 689.17, Florida Statutes, F.S.A. . Anemaet v. Martin-Senour