76-113 Conveyance to a person and the person's children; rule in Wild's Case abolished. - Nebraska Statutes

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76-113. Conveyance to a person and the person's children; rule in Wild's Case abolished.When an otherwise effective conveyance of property is made in favor of a person and his children, or in favor of a person and his issue, or by other words of similar import designating the person and the descendants of the person, whether the conveyance is immediate or postponed, the conveyance creates a life interest in the person designated and a remainder in his designated descendants, unless an intent to create other interests is effectively manifested. SourceLaws 1941, c. 153, § 13, p. 597; C.S.Supp.,1941, § 76-1013; R.S.1943, § 76-113.AnnotationsA devise of an interest in real estate for the use of a child of the testator during his life and upon death of the child to his lineal descendants creates a life estate in the child and a remainder in his lineal descendants. Hauschild v. Hauschild, 176 Neb. 319, 126 N.W.2d 192 (1964).A devise to a person and his descendants creates a life estate in such person and a contingent remainder in his descendants as a class. Ellingrod v. Trombla, 168 Neb. 264, 95 N.W.2d 635 (1959).Will manifested an intention to create other interests. Dunlap v. Lynn, 166 Neb. 342, 89 N.W.2d 58 (1958).

State Codes and Statutes

Statutes > Nebraska > Chapter76 > 76-113

76-113. Conveyance to a person and the person's children; rule in Wild's Case abolished.When an otherwise effective conveyance of property is made in favor of a person and his children, or in favor of a person and his issue, or by other words of similar import designating the person and the descendants of the person, whether the conveyance is immediate or postponed, the conveyance creates a life interest in the person designated and a remainder in his designated descendants, unless an intent to create other interests is effectively manifested. SourceLaws 1941, c. 153, § 13, p. 597; C.S.Supp.,1941, § 76-1013; R.S.1943, § 76-113.AnnotationsA devise of an interest in real estate for the use of a child of the testator during his life and upon death of the child to his lineal descendants creates a life estate in the child and a remainder in his lineal descendants. Hauschild v. Hauschild, 176 Neb. 319, 126 N.W.2d 192 (1964).A devise to a person and his descendants creates a life estate in such person and a contingent remainder in his descendants as a class. Ellingrod v. Trombla, 168 Neb. 264, 95 N.W.2d 635 (1959).Will manifested an intention to create other interests. Dunlap v. Lynn, 166 Neb. 342, 89 N.W.2d 58 (1958).

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State Codes and Statutes

Statutes > Nebraska > Chapter76 > 76-113

76-113. Conveyance to a person and the person's children; rule in Wild's Case abolished.When an otherwise effective conveyance of property is made in favor of a person and his children, or in favor of a person and his issue, or by other words of similar import designating the person and the descendants of the person, whether the conveyance is immediate or postponed, the conveyance creates a life interest in the person designated and a remainder in his designated descendants, unless an intent to create other interests is effectively manifested. SourceLaws 1941, c. 153, § 13, p. 597; C.S.Supp.,1941, § 76-1013; R.S.1943, § 76-113.AnnotationsA devise of an interest in real estate for the use of a child of the testator during his life and upon death of the child to his lineal descendants creates a life estate in the child and a remainder in his lineal descendants. Hauschild v. Hauschild, 176 Neb. 319, 126 N.W.2d 192 (1964).A devise to a person and his descendants creates a life estate in such person and a contingent remainder in his descendants as a class. Ellingrod v. Trombla, 168 Neb. 264, 95 N.W.2d 635 (1959).Will manifested an intention to create other interests. Dunlap v. Lynn, 166 Neb. 342, 89 N.W.2d 58 (1958).