The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-03-12

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law counteracting the principle having been
passed in that State about thirty years ago.
Various reasons are assigned by the autho-
rites for the rule, the principal one being, 40
cord'ng to Blackstone, the desire to facilitate
the alienation Of landed property, BY throw
ing 1t into the track of commerce one genera
tion sooner, the result of vesting the inheri-
ance absolutely in the person first named in
the deed or will, and thereby giving him the
power TO dispose of it without restriction.
The rule undoubtedly originated in the de-
sire of the courts to modify, as much as posi-
BILE, the harsh terms of the old feudal system,
by which the real estate OF Bugland was so
tied up as to render its alienation almost i'm
possible. 1t is true that, at times, the appli-
cation of the rule may work an apparent hard
ship, by defeating the intention of a person
who wishes to tie up his property; but the
courts are always liberal in applying the
principle to the Interpretation of wills, and
when the testator has clearly, expressly, and
specifically declared his intention to restrict
the life estate, it is invariably held that the
rule does not apply, although, in the case of
regular oonveyances by deed, the principle is
always rigidly enforced. The only result that
could possibly be attained by ignoring the
rule wonld be- the facilitation of limited settle
ments Of real estate, without enlargng the
capacity of persons owning such property to
make them; and against suoh settlements the
whole spirit of the law has been wisely
directed for centuries, in the manifest interest
Of public policy.
1t is against this venerable rule Of oonstruc-
ton, as applied to wills alone, that Mr.. Herr
directs his efforts in the bill introduced by
him on Tuesday last. 1t expressly provides
that in all cases arising under Wills to which
the Rule in Sheleys Case has been heretofore
applied, the estate of the tenant for life shall
be strictly limited, without the power in him
to dispose of it according to his pleasure. The
bill was referred to the Judiciary Committee,
and it is to be hoped that it will receive very
careful consideration before it is enacted into
a law. The principle OF the Rule in Shelley's
Case has been so carefully defined, and applied
for so many centuries, that it should not bs
thoughtlessly overthrown. Says Chancellor
Kent, while discussing the subject under con
sideration:-
"All the great property lawyers justly insist
upon the necessity and Importance OF stable
rules; and they deplOre the perplexity, strife.
litigation, and distress which result from the
pursuit of loose and copjectural Intentions.
brought forward TO counteract the settled aud
determinate meaning OF technical express
sons."
Our lawmakers should keep this warning
before them in legislating upon questions of
such great Importance. They should also
remember that there are hundreds of points
arising under the common law upon which
the authorities are still at loggerheads, as they
are not upon the Rule in Shelley's Case; and
if they desire to tamper in any way with the
common law, let them turn their attention
where there is more apparent necessity for
immediate action. II the Rule in Shelley's
Case be abrogated at this late day, not only
will ii give rise to a vast amount of vexatious
litigation, but the ground which has been so
faithfully and painfully cultivated by the
greatest jurists OF England and America will
have to be gone over again, starting from
different point and working upon different
principle. AS general rule, it is wise to let
well enough alone.