worthier title rule

worthier title rule
The early rule of the common law that an heir may not take by devise where he may take the same title by descent, title by descent being regarded as the worthier and better title. 23 Am J2d Desc & D § 3. A rule sometimes advanced as the rationale of the common-law rule against remainders to the heirs of the grantor. 28 Am J2d Est § 175-The inter vivos branch of the doctrine of worthier title, adopted in nearly all American jurisdictions which have had occasion to consider it, favors a reversion in the grantor rather than a remainder to his heirs. McKenna v Seattle First Nat. Bank, 35 Wash 2d 662, 214 P2d 664, 16 ALR2d 679.

Ballentine's law dictionary. . 1998.

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