worthier title

worthier title
wor·thi·er title n often cap W&T: a common-law doctrine providing that an heir receiving a devise of an estate that is the same as the estate he or she would receive by descent if the grantor died without a will receives the property by descent rather than by devise since descent has been thought to convey a better title
◇ The doctrine of worthier title today is usually considered in light of its implication for inter vivos transfers (that is, transfers made between living persons) to an heir. When a grantor makes an inter vivos conveyance of property followed by a future estate to his or her heirs, the conveyance is deemed to create a reversion in the grantor rather than a remainder, so that the heirs take by descent and receive a superior title than that which would have been received through the remainder.

Merriam-Webster’s Dictionary of Law. . 1996.

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  • worthier title doctrine — A common law rule that provides that a conveyance of real property by a grantor to another person for life with a limitation to the grantor s heirs creates a reversion in the grantor by which his or her heirs acquire the property only upon the… …   Law dictionary

  • worthier title doctrine — /wsrdiyar taytal/ At common law where testator undertook to devise to an heir exactly same interest in land as such heir would take by descent, descent was regarded as the worthier title and heir took by descent rather than by devise. Jones v.… …   Black's law dictionary

  • worthier title rule — The early rule of the common law that an heir may not take by devise where he may take the same title by descent, title by descent being regarded as the worthier and better title. 23 Am J2d Desc & D § 3. A rule sometimes advanced as the rationale …   Ballentine's law dictionary

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  • title — A mark, style, or designation; a distinctive appellation; the name by which anything is known. Thus, in the law of persons, a title is an appellation of dignity or distinction, a name denoting the social rank of the person bearing it; as duke or… …   Black's law dictionary

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  • conveyor's heirs — Under common law rule, when a remainder was limited to heirs of grantor or testator, such heirs did not take a remainder; instead, the estate was considered a reversion in the grantor or testator, and hence, if heirs took at all, they would take… …   Black's law dictionary

  • conveyor's heirs — Under common law rule, when a remainder was limited to heirs of grantor or testator, such heirs did not take a remainder; instead, the estate was considered a reversion in the grantor or testator, and hence, if heirs took at all, they would take… …   Black's law dictionary

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