A Plea for a Statute
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چکیده
The well-known tendency of the lawyer engaged in the drafting of conveyances is to adhere as closely as possible to the beaten paths; to follow the forms handed down from the fathers; to view with suspicion and close scrutiny any departure therefrom, and to insert new clauses and covenants only when convinced that they are demanded by the necessities engendered by tonditions and enterprises unknown to a former day. It is comparatively rare, however, to see him look upon this beaten path and doubt; to take up one of the time-honored forms and pause; to study a rule of law propounded in the reign of Edward II., and in drawing an instrument with the intention of avoiding the operation of that rule, to feel that the use of one synonym instead of another will result in the enforcement of the rule and the defeat of his purpose. Yet this is the situation to-day of the Pennsylvania lawyer who has been employed to draw a deed or will creating an estate for life in the first taker with remainder to his issue, offspring, heirs or children. The advice may be given him to stop, look, and ponder, for the beaten path is treacherous. The case of Grimes v. Shirk, 169 Pa. St. 74 (May 20, x895), is the latest thus far officially reported touching the Rule in Shelley's Case. It was an appeal from the Common Pleas of Lancaster County, and the judgment was affirmed by the Supreme Court upon what was justly pronounced "the able and exhaustive opinion" of the court beiow, Livingston, P. J. The ruling was upon the proper construction to be given to the following clause in a will:
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