58-501. Tenancy in common unless joint tenancy intended, when; exception; joint tenancy provisions. Real or personal property granted or devised to two or more persons including a grant or devise to a husband and wife shall create in them a tenancy in common with respect to such property unless the language used in such grant […]
58-502. Common-law rules inapplicable (rule in Shelley’s case and estates tail). 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 […]
58-503. Same (grant or devise to person for life and then to some other). When real or personal property is granted or devised to one person for life, and then to some other person, or persons, whether named individually or as one or more of a class of which the individuals can be ascertained by […]
58-504. Same (indefinite failure of issue; definite failure of issue). In the case of instruments disposing of property, of which the following is a type: “A to B and his or her heirs, but if B dies without issue, then to C and his or her heirs,” the common law rule of interpretation that indefinite […]
58-505. Same (rule in Wild’s case). In the case of instruments disposing of property of which the following is a type: “A to B and his or her children,” the doctrine of the common law known as the rule in Wild’s case shall not hereafter apply, and the instrument shall create a life interest in […]
58-506. Same (doctrine of worthier title). In the case of a will to heirs, or to next of kin of the testator, or to a person an heir or next of kin, the common-law doctrine of worthier title is abolished and the devisees or devisee shall take under the will and not by descent. History: […]
