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18-12-303. Rule in Shelley's Case abolished.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-12-303. Rule in Shelley's Case abolished.
(a)(1) The Rule in Shelley's Case is abolished and shall not be recognized by any court of this state.
(2) This section is intended to annul the application or effect of the Rule in Shelley's Case on any instrument or interest in real property.
(b) When any instrument prepared or executed after July 16, 2003, conveys an interest in any real property to be given to the heirs or issue of any person in words which, under the rule of construction known as the “Rule in Shelley's Case” would have operated to give to that person an interest in fee simple, those words shall operate as words of purchase and not of limitation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-12-303
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:18-12-303
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: df77a76d106f8176533bc9d24b35e60619842e6634f46099f6945676ec1ed8a8
Source location: content.xml paragraph 1665
Stored source content
18-12-303. Rule in Shelley's Case abolished.
(a)(1) The Rule in Shelley's Case is abolished and shall not be recognized by any court of this state.
(2) This section is intended to annul the application or effect of the Rule in Shelley's Case on any instrument or interest in real property.
(b) When any instrument prepared or executed after July 16, 2003, conveys an interest in any real property to be given to the heirs or issue of any person in words which, under the rule of construction known as the “Rule in Shelley's Case” would have operated to give to that person an interest in fee simple, those words shall operate as words of purchase and not of limitation.
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