{
  "id": 1566866,
  "name": "Ryan v. Ryan",
  "name_abbreviation": "Ryan v. Ryan",
  "decision_date": "1919-04-14",
  "docket_number": "",
  "first_page": "362",
  "last_page": "366",
  "citations": [
    {
      "type": "official",
      "cite": "138 Ark. 362"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "13 Ark. 88",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8727908
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ark/13/0088-01"
      ]
    },
    {
      "cite": "105 Ark. 558",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1347061
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/105/0558-01"
      ]
    },
    {
      "cite": "58 Ark. 303",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1329195
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/58/0303-01"
      ]
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  "analysis": {
    "cardinality": 407,
    "char_count": 8550,
    "ocr_confidence": 0.524,
    "pagerank": {
      "raw": 3.1859156336708645e-07,
      "percentile": 0.8648367144184854
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    "simhash": "1:c26fec4173141d3d",
    "word_count": 1621
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  "last_updated": "2023-07-14T20:29:27.907161+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ryan v. Ryan."
    ],
    "opinions": [
      {
        "text": "HART, J.,\n(after stating the facts). The only question presented by the appeal is as to the proper construction of the will set out in our statement of facts. It is shown in the proof that the property in controversy is that mentioned in the will. The particular clause of the will, the construction of which is involved, provides that the property in question should be given to Sarah Ryan, the wife of John H. Ryan, the testator, during her life and then to \u201cgo to A. A. Ryan, heir of J. H. Ryan, and at his death go to his heirs.\u201d\nThe decision of the chancellor was based upon the theory that the language of the will calls for the application of the rule in Shelley\u2019s Case and therefore vests in A. A. Ryan an estate in fee simple.\nIn Hardage v. Stroope, 58 Ark. 303, the court held that under the section of our Digest adopting the common law of England, so far as applicable, the rule in Shelley\u2019s Case is in force in this State, except in so far as it has been repealed by the section abolishing fees tail. Judge Battle, who delivered the opinion of the court, quoted with approval Kent\u2019s abridgement of Mr. Preston\u2019s definition of the rule in Shelley\u2019s Case. It is as follows:\n\u201cWhen a person takes an estate of freehold, legally or equitably, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without the interposition of another estate, of an interest of the same legal or equitable quality, to his heirs, or heirs of his'body, as a class of persons to take in succession, from generation to generation, the limitation to the heirs entitles the ancestor to the whole estate.\u201d\nIn that case the court also held that in the application of the rule the presumption is, that the testator uses the word \u201cheir\u201d in its primary legal sense; that is as a word of limitation. Under this and subsequent decisions of our court it is settled that the rule in Shelley\u2019s Case is one of law and not merely one of construction. So when the words of the limitation bring a case within the rule, the intention of the testator is presumed to be in accordance with that which the law implies from the use of words having a fixed and definite meaning. The language used in the present case is within the very words of the rule, for where the devisee under the will takes an estate of freehold and in the same clause of the will an estate is limited, either mediately or immediately to his heirs the words, \u201cthe heirs\u201d are words of limitation of the estate and not words of purchase. In the present case there are added no qualfying or explanatory words which are repugnant to the acceptance of the word \u201cheir\u201d in its strict legal sense. There are other clauses of the will in which the testator devises his property to his other children by name in which he calls them his heirs. In some of these provisions the devise is to the child by name with the added words \u201cheir of John Ryan.\u201d In others the devise is to the child by name with the added words \u201cheir of John Ryan and at her death it goes to her heirs.\u201d There is nothing in these added words or in the whole language of the will to show that the testator intended to use the word \u201cheir\u201d in its common or restricted sense to denote children and thereby form a root of a new succession instead of using the word in its primary legal sense which would embrace the whole line of heirs.\nWe think it is clear that the language used in the will brings the case within the operation of the rule in Shelley\u2019s case and that when so construed the will of J. H. Ryan gave the lots in controversy to A. A. Ryan in fee simple. See Galloway v. Darby, 105 Ark. 558.\nThe decision of the chancellor was therefore correct and will be affirmed.",
        "type": "majority",
        "author": "HART, J.,"
      }
    ],
    "attorneys": [
      "Huddleston, Fuhr & Futrell, for appellants."
    ],
    "corrections": "",
    "head_matter": "Ryan v. Ryan.\nOpinion delivered April 14, 1919.\ni. Wills\u2014rule in Shelley\u2019s case.\u2014The rule in Shelley\u2019s case is one of law and not merely of construction, so that when words of limitation in a will bring a case within the rule^ the intention of the testator is presumed to he in accordance with that which the law implies from the use of words having a fixed and definite meaning.\n2. Wills\u2014construction op word \"heirs.\u201d\u2014Where the devisee under a will takes an estate of freehold, and in the same clause of the will an estate is limited, either mediately or immediately to his heirs, the word \u201cheirs\u201d is a word of limitation of the estate, and not a word of purchase.\n3. Wills\u2014construction\u2014rule in Shelley\u2019s case.\u2014Where J. devised property to his wife during her life and then \u201cto go to A., heir of J., and at his death to go to his heirs,\u201d and there are no qualifying or explanatory words repugnant to the acceptance of the word \u201cheir\u201d in its strict legal sense, which would embrace the whole line of heirs, A took a fee simple, according to the rule in Shelley\u2019s case.\nAppeal from Greene Chancery Court; Archer Wheatley, Chancellor;\naffirmed.\nSTATEMENT OP PACTS.\nAppellants brought this suit in the chancery court against appellees to enjoin them from tearing down and removing the houses on lots 6 and 7 in block 12, of West End Addition to the city of Paragould, Arkansas. The facts are as follows:\nAppellee, A. A. Ryan, is a son and heir at law of John H. Ryan and appellee, M. A. Ryan, is his wife. Appellants are the minor children of A. A. Ryan. John H. Ryan made a will in which he devised all of his property to his children and heirs at law which are A. A. Ryan, N. C. Tedder, C. D. Bowlin, L. V. Dacus, Y. L. Brust and Lucy Adams. So much of the will as is necessary to the decision of the issues involved in this appeal is as follows :\n\u201cKnow all men by these presents, that I, John Ryan, being in sound mind and body and recognizing the certainty of death, and the uncertainty of life, being desirous of making my last will and testament. Now it is my will for Sarah Ryan, the wife, John Ryan, to have place that we are living on at present being this the........................... 1916. Described as follows, towit: Block 12, lots 6 and- 7, in the city of Paragould, Arkansas, and six hundred dollars in money now at her death should any money be left after paying sixty-five dollars for a tombstone to be put to her grave, then the balance to be divided between onr children.\n\u201cNow after all of the above have been fulfilled then the above place, which is described as follows, towit:\n\u201cBlock 12, lots 6 and 7, goes to A. A. Ryan, heir of John Ryan. I value this place that we are living on at present to be worth five hundred dollars more than any other places that I have got. J. H. Ryan.\n\u201cNow if Sarah Ryan is living on the place that we are living on at present, then the other heirs is to pay A. A. Ryan one dollar each, that is, N. C. Tedder, C. D. Bowlin, L. V. Dacus, V. L. Brust and Lucy Adams, per month for rent as long as she lives on the place, that is Sarah Ryan, the wife of John H. Ryan, then at Sarah Ryan\u2019s death, then this place that is described as follows, towit: Block 12, lots 6 and 7, in the city of Paragould, go to A. A. Ryan, heir of J. H. Ryan, and at his death goes to his heirs. Now it is my will for all that I have written to go just as I have said.\u201d\nThe land described in the will is the land involved in this controversy. John H. Ryan died, and his will was duly probated. The widow and devisees and heirs at law of John H. Ryan, deceased, conveyed by deed the property in controversy to A. A. Ryan and the latter entered into the possession of it. A. A. Ryan claims that under the terms of the will he has a fee simple title to the property in controversy. His children claim that he has only a life estate in it. Hence this lawsuit;\nThe decision of the chancellor was in favor of appellees and the case is here on appeal.\nHuddleston, Fuhr & Futrell, for appellants.\n1. A will is to be construed so as to carry out the intention of the testator unless that intention conflicts with some rule of law or is contrary to public policy.\n2. \"Where an estate is limited to one person and immediately or mediately thereafter is given to the heirs of such person, the first person takes an estate in fee simple.\n3. The word \u201cheirs\u201d shall not be construed as one of limitation in wills when it is clear from the intention of the testator that the term \u201cheirs\u201d was intended to be a word of purchase. The first proposition needs no citation of authorities. The second and third are sustained by Tiedeman on Real Prop., \u00a7 30; 13 Ark. 88.\nIt is apparent that the testator intended to give and that A. A. Ryan took a life estate and not the fee simple title to the lots. Supra."
  },
  "file_name": "0362-01",
  "first_page_order": 388,
  "last_page_order": 392
}