689.17
Rule in Shelley’s Case abolished.
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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.
Notes of Decisions
Cited in 3
cases, 1952–1967 · leading case: In Re Estate of Rentz
In Re Estate of Rentz (1963)
“' "The foregoing rules appear to be in harmony with § 689.17, Fla. Stat., F.S.A. and seem to be covered in its entirety in an almost identical case reported by the Supreme Court of Arkansas in 1925.”
Kach v. Cooley (1967)
“Since the verbiage used in the deed is consistent with the creation of a fee simple estate in the grantees, subject to a special restriction as to use and occupancy, and since the agreement supports this construction, we find no error.”
National Turpentine & Pulpwood Corp. v. Mills (1952)
“That this deed was given and recorded prior to the enactment of F.S.A. 689.17, and that statute is therefore inapplicable to this suit.”
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