Kansas Statutes 58-502. Common-law rules inapplicable (rule in Shelley’s case and estates tail)
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Terms Used In Kansas Statutes 58-502
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Property: includes personal and real property. See Kansas Statutes 77-201
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
The rules of the common law, known as the rule in Shelley’s case, and those pertaining to estates tail, however created, shall not be applied in this state to any instrument which becomes effective after the effective date of this act. Every instrument not within the purview of Kan. Stat. Ann. § 58-503 taking effect after the effective date of this act and disposing of property which but for this section would create an estate tail shall create a life estate in the first taker and a remainder in fee in the next taker.