§ 76-113 — Conveyance to a person and the person's children; rule in Wild's Case abolished

Nebraska § 76-113

• Jurisdiction: Nebraska
• Ch. 76: Real Property

Text

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.

Legislative History

Source: Laws 1941, c. 153, § 13, p. 597; C.S.Supp.,1941, § 76-1013; R.S.1943, § 76-113. Annotations: A 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).