{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/55.1-112.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/55.1-112.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/55.1-112.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/55.1-112.html"}],"law_id":369203,"edition_id":2,"section_id":369203,"structure_id":52603,"section_number":"55.1-112","catch_line":"Estate of freehold to one with remainder to heirs, etc.; rule in Shelley’s Case abolished","history":"Code 1919, \u00a7 5152; Code 1950, \u00a7 55-14; 2019, c. 712.","full_text":"Wherever any person by deed, will, or other writing takes an estate of freehold in land, or takes such an interest in personal property as would be an estate of freehold if it were an estate in land, and in the same deed, will, or writing an estate is afterwards limited by way of remainder to his heirs, or the heirs of his body, or his issue, the words “heirs,” “heirs of his body,” and “issue,” or other words of like import used in the deed, will, or writing in the limitation therein by way of remainder shall not be construed as words of limitation carrying to such person the inheritance as to the land, or the absolute estate as to the personal property, but they shall be construed as words of purchase, creating a remainder in the heirs, heirs of the body, or issue.\n\n","order_by":null,"text":{"0":{"id":1376967,"text":"Wherever any person by deed, will, or other writing takes an estate of freehold in land, or takes such an interest in personal property as would be an estate of freehold if it were an estate in land, and in the same deed, will, or writing an estate is afterwards limited by way of remainder to his heirs, or the heirs of his body, or his issue, the words “heirs,” “heirs of his body,” and “issue,” or other words of like import used in the deed, will, or writing in the limitation therein by way of remainder shall not be construed as words of limitation carrying to such person the inheritance as to the land, or the absolute estate as to the personal property, but they shall be construed as words of purchase, creating a remainder in the heirs, heirs of the body, or issue.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":52603,"edition_id":2,"name":"Creation and Transfer of Estates","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":52602,"metadata":{"child_laws":24,"child_structures":0},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471777,"object_type":"structure","relational_id":52603,"identifier":"1","token":"55.1\/I\/1\/1","url":"\/55.1\/I\/1\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52602,"edition_id":2,"name":"Creation and Limitation of Estates","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":52601,"metadata":{"child_laws":39,"child_structures":4},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471775,"object_type":"structure","relational_id":52602,"identifier":"1","token":"55.1\/I\/1","url":"\/55.1\/I\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52601,"edition_id":2,"name":"Property Conveyances","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":52600,"metadata":{"child_laws":142,"child_structures":14},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471773,"object_type":"structure","relational_id":52601,"identifier":"I","token":"55.1\/I","url":"\/55.1\/I\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52600,"edition_id":2,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":120,"parent_id":null,"metadata":{"child_laws":875,"child_structures":101},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471771,"object_type":"structure","relational_id":52600,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":369170,"structure_id":52603,"section_number":"55.1-100","catch_line":"Aliens may acquire, hold, and transmit real estate; when reciprocity required","url":"\/55.1-100\/","token":"55.1\/I\/1\/1\/55.1-100","metadata":false},{"id":369182,"structure_id":52603,"section_number":"55.1-101","catch_line":"When deed or will necessary to convey estate; no parol partition or gift valid","url":"\/55.1-101\/","token":"55.1\/I\/1\/1\/55.1-101","metadata":false},{"id":369191,"structure_id":52603,"section_number":"55.1-102","catch_line":"When gift of personal property invalid","url":"\/55.1-102\/","token":"55.1\/I\/1\/1\/55.1-102","metadata":false},{"id":369192,"structure_id":52603,"section_number":"55.1-103","catch_line":"Suicide or attainder of felony","url":"\/55.1-103\/","token":"55.1\/I\/1\/1\/55.1-103","metadata":false},{"id":369193,"structure_id":52603,"section_number":"55.1-104","catch_line":"Estates to lie in grant as well as in livery","url":"\/55.1-104\/","token":"55.1\/I\/1\/1\/55.1-104","metadata":false},{"id":369194,"structure_id":52603,"section_number":"55.1-105","catch_line":"Same estates may be created by deed as by will","url":"\/55.1-105\/","token":"55.1\/I\/1\/1\/55.1-105","metadata":false},{"id":369195,"structure_id":52603,"section_number":"55.1-106","catch_line":"Power of disposal in life tenant not to defeat remainder unless exercised; power of disposal held by fiduciary","url":"\/55.1-106\/","token":"55.1\/I\/1\/1\/55.1-106","metadata":false},{"id":369196,"structure_id":52603,"section_number":"55.1-107","catch_line":"Default or surrender of tenant for life not to prejudice remainderman","url":"\/55.1-107\/","token":"55.1\/I\/1\/1\/55.1-107","metadata":false},{"id":369197,"structure_id":52603,"section_number":"55.1-108","catch_line":"Conveyance of estate or interest in property by grantor to himself and another","url":"\/55.1-108\/","token":"55.1\/I\/1\/1\/55.1-108","metadata":false},{"id":369198,"structure_id":52603,"section_number":"55.1-109","catch_line":"Deed valid for grantor's right; operation of warranty","url":"\/55.1-109\/","token":"55.1\/I\/1\/1\/55.1-109","metadata":false},{"id":369199,"structure_id":52603,"section_number":"55.1-110","catch_line":"Conveyance, devise, or grant without words of limitation","url":"\/55.1-110\/","token":"55.1\/I\/1\/1\/55.1-110","metadata":false},{"id":369202,"structure_id":52603,"section_number":"55.1-111","catch_line":"Fee tail converted into fee simple","url":"\/55.1-111\/","token":"55.1\/I\/1\/1\/55.1-111","metadata":false},{"id":369203,"structure_id":52603,"section_number":"55.1-112","catch_line":"Estate of freehold to one with remainder to heirs, etc.; rule in Shelley's Case abolished","url":"\/55.1-112\/","token":"55.1\/I\/1\/1\/55.1-112","metadata":false},{"id":369204,"structure_id":52603,"section_number":"55.1-113","catch_line":"Doctrine of worthier title abolished","url":"\/55.1-113\/","token":"55.1\/I\/1\/1\/55.1-113","metadata":false},{"id":369205,"structure_id":52603,"section_number":"55.1-114","catch_line":"When contingent remainder not to fail","url":"\/55.1-114\/","token":"55.1\/I\/1\/1\/55.1-114","metadata":false},{"id":369206,"structure_id":52603,"section_number":"55.1-115","catch_line":"When remainders not defeated","url":"\/55.1-115\/","token":"55.1\/I\/1\/1\/55.1-115","metadata":false},{"id":369207,"structure_id":52603,"section_number":"55.1-116","catch_line":"In what conveyances possession transferred to the use","url":"\/55.1-116\/","token":"55.1\/I\/1\/1\/55.1-116","metadata":false},{"id":369208,"structure_id":52603,"section_number":"55.1-117","catch_line":"Land trusts not to fail because no beneficiaries are specified by name and no duties laid on trustee; when interest of beneficiaries deemed personal property; liens","url":"\/55.1-117\/","token":"55.1\/I\/1\/1\/55.1-117","metadata":false},{"id":369209,"structure_id":52603,"section_number":"55.1-118","catch_line":"Deed of release effectual","url":"\/55.1-118\/","token":"55.1\/I\/1\/1\/55.1-118","metadata":false},{"id":369210,"structure_id":52603,"section_number":"55.1-119","catch_line":"When person not a party, etc., may take or sue under instrument","url":"\/55.1-119\/","token":"55.1\/I\/1\/1\/55.1-119","metadata":false},{"id":369211,"structure_id":52603,"section_number":"55.1-120","catch_line":"Informalities in deeds made by attorneys-in-fact","url":"\/55.1-120\/","token":"55.1\/I\/1\/1\/55.1-120","metadata":false},{"id":369225,"structure_id":52603,"section_number":"55.1-121","catch_line":"Time for objections to irregularities in advertising sales made by trustees","url":"\/55.1-121\/","token":"55.1\/I\/1\/1\/55.1-121","metadata":false},{"id":369236,"structure_id":52603,"section_number":"55.1-122","catch_line":"Recovery at death of life tenant of taxes paid on life estate","url":"\/55.1-122\/","token":"55.1\/I\/1\/1\/55.1-122","metadata":false},{"id":369247,"structure_id":52603,"section_number":"55.1-123","catch_line":"Removal of a cloud on title; nature of plaintiff's title","url":"\/55.1-123\/","token":"55.1\/I\/1\/1\/55.1-123","metadata":false}],"previous_section":{"id":369202,"structure_id":52603,"section_number":"55.1-111","catch_line":"Fee tail converted into fee simple","url":"\/55.1-111\/","token":"55.1\/I\/1\/1\/55.1-111","metadata":false},"next_section":{"id":369204,"structure_id":52603,"section_number":"55.1-113","catch_line":"Doctrine of worthier title abolished","url":"\/55.1-113\/","token":"55.1\/I\/1\/1\/55.1-113","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-112\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1471827,"object_type":"law","relational_id":369203,"identifier":"55.1-112","token":"55.1\/I\/1\/1\/55.1-112","url":"\/55.1-112\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/55.1-112\/","token":"55.1\/I\/1\/1\/55.1-112","dublin_core":{"Title":"Estate of freehold to one with remainder to heirs, etc.; rule in Shelley’s Case abolished","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-112","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Wherever any person by deed, will, or other writing takes an estate of freehold in land, or takes such an interest in personal property as would be an estate of freehold if it were an estate in land, and in the same deed, will, or writing an estate is afterwards limited by way of remainder to his heirs, or the heirs of his body, or his issue<\/span>, the words “heirs,” “heirs of his body,” and “issue<\/span>,” or other words of like import used in the deed, will, or writing in the limitation therein by way of remainder shall not be construed as words of limitation carrying to such person the inheritance as to the land, or the absolute estate as to the personal property, but they shall be construed as words of purchase, creating a remainder in the heirs, heirs of the body, or issue<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nESTATE OF FREEHOLD TO ONE WITH REMAINDER TO HEIRS, ETC.; RULE IN SHELLEY’S\nCASE ABOLISHED (\u00a7 55.1-112)\n\nWherever any person by deed, will, or other writing takes an estate of freehold\nin land, or takes such an interest in personal property as would be an estate of\nfreehold if it were an estate in land, and in the same deed, will, or writing an\nestate is afterwards limited by way of remainder to his heirs, or the heirs of\nhis body, or his issue, the words “heirs,” “heirs of his\nbody,” and “issue,” or other words of like import used in the\ndeed, will, or writing in the limitation therein by way of remainder shall not\nbe construed as words of limitation carrying to such person the inheritance as\nto the land, or the absolute estate as to the personal property, but they shall\nbe construed as words of purchase, creating a remainder in the heirs, heirs of\nthe body, or issue.\n\nHISTORY: Code 1919, \u00a7 5152; Code 1950, \u00a7 55-14; 2019, c. 712.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}