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Florida Statute 689.17 - Full Text and Legal Analysis Florida Statute 689.17 | Lawyer Caselaw & Research
Fla. Stat. § 689.17 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 689.17

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·In Re Est. of Rentz, 152 So. 2d 480 (Fla. 3d DCA 1963).

Cited 3 times | Published | Florida 3rd District Court of Appeal

...that there is, therefore, a merger of *482 the life estate and the fee estate, and the children thus would now take absolutely in distribution. "The guardian ad litem for the unborn grandchildren submits that the question presented is governed by §§ 689.17 and 689.14, Fla....
...The remainder becomes a vested remainder in fee in the child as soon as the child is born, and does not wait for the parent's death, and, if the child dies in the lifetime of the parent, the vested estate in remainder descends to his heirs.' "The foregoing rules appear to be in harmony with § 689.17, Fla....
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Cert. deniedWeinstein (1982)
phrase: "cert. denied"
Cert. deniedLewis (1980)
phrase: "cert. denied"
Cert. denied(citing case) (1963)
phrase: "certiorari denied"
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·Kach v. Cooley, 201 So. 2d 254 (Fla. Dist. Ct. App. 1967).

Published | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4592

...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. Affirmed. CARROLL, DONALD K., Acting C. J., and SPECTOR, J., concur. . Section 689.17, Florida Statutes, F.S.A....
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Cited as authority(citing case) (2010)
phrase: "rule_authority"

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