Nebraska Law: Rule in Shelley's Case Abolished

76-112. Life interest with limitation by remainder to heirs; rule in Shelley's Case abolished.

Whenever any person, by conveyance, takes a life interest and in the same conveyance an interest is limited by way of remainder, either immediately or mediately, to his heirs, or the heirs of his body, or his issue, or next of kin, or some of such heirs, heirs of the body, issue, or next of kin, the word heirs, heirs of the body, or next of kin, or other words of like import used in the conveyance, in the limitation therein by way of remainder, are not words of limitation carrying to such person an estate of inheritance or absolute estate in the property, but are words of purchase creating a remainder in the designated heirs, heirs of the body, issue, or next of kin.

Source:

Laws 1941, c. 153, § 12, p. 596; ; C.S.Supp.,1941, § 76-1012. ;

Rule in Shelley's Case has application where testator's death occurred prior to effective date of the act of which this section was a part. Sandberg v. Heirs of Champlin, 152 Neb. 161, 40 N.W.2d 411 (1950).

Let me simplify this statute for you:

Whenever any person, by conveyance, takes a life interest and in the same conveyance an interest is limited by way of remainder, either immediately or mediately, to his heirs...the word heirs...are not words of limitation carrying to such person an estate of inheritance or absolute estate in the property, but are words of purchase creating a remainder in the designated heirs.

Grutz conveys "To Drake Maye for life, then to the heirs of Drake Maye."

What is the state of the title under the Rule in Shelley's Case?

Under the statute quoted above?