Rule in Wild's Case
Appearance
Property law |
---|
![]() |
Part of the common law series |
Types |
Acquisition |
Estates in land |
Conveyancing |
Future use control |
Nonpossessory interest |
Related topics |
Other common law areas |
Higher category: Law and Common law |
The Rule in Wild's Case is a
will, property to another person (A) with the language "To A and her children", who gets lawful possession
of the property?
The rule resolves this ambiguity as follows:
- If A has living children at the time of the grant, A and her children take the property as joint tenants.
- If A does not have living children at the time of the grant, A takes the property in fee tail.
This rule has fallen into disuse in those jurisdictions which no longer recognize the fee tail as a legal estate. Some
Restatement (Third) of Property
repudiates the Rule in Wild's Case, suggesting that many authorities consider it to be obsolete.
References
ISBN 0-7355-3695-3
External links