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; R.S.1943, § 76-112.

Annotations

Will under consideration created a life estate in child of testator, and remainder in lineal descendants by right of representation. Hauschild v. Hauschild, 176 Neb. 319, 126 N.W.2d 192 (1964).

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).