Nebraska § 76-117 Cross limitations; creation by implication

Nebraska Statutes

§ 76-117 — Cross limitations; creation by implication

Nebraska § 76-117

Ch. 76Real Property

This text of Nebraska § 76-117 (Cross limitations; creation by implication) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 76-117 (2026).

Text

When an otherwise effective conveyance of property is made to two or more persons as tenants in common for life or for a term of years which is terminable at their deaths, with an express remainder, whether effective or not, (a) to the survivor of such persons, or (b) upon the death of all the life tenants to another person or persons, such conveyance, unless a different intent is effectively manifested, creates cross limitations among the several tenants in common, so that the share of the one first dying passes to his cotenants to be held by them in the same manner as their original shares, and the shares of the second and others dying, in succession, are similarly treated until the time when the property is limited to pass as a whole to the remainderman.

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When an otherwise effective conveyance of property is made to two or more persons as tenants in common for life or for a term of years which is terminable at their deaths, with an express remainder, whether effective or not, (a) to the survivor of such persons, or (b) upon the death of all the life tenants to another person or persons, such conveyance, unless a different intent is effectively manifested, creates cross limitations among the several tenants in common, so that the share of the one first dying passes to his cotenants to be held by them in the same manner as their original shares, and the shares of the second and others dying, in succession, are similarly treated until the time when the property is limited to pass as a whole to the remainderman.

Legislative History

Source: Laws 1941, c. 153, § 17, p. 597; C.S.Supp.,1941, § 76-1017; R.S.1943, § 76-117. Annotations: Where language in a will shows a different intention, this section is not applicable. Gaughen v. Gaughen, 172 Neb. 740, 112 N.W.2d 285 (1961).