HB0157 • 2011

Abolition of worthier title doctrine.

AN ACT relating to property conveyances; abolishing the doctrine of worthier title; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Brown
Last action: 2011-02-24
Official status: enrolled
Effective date: 7/1/2011

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

2011-02-24 LSO
Assigned Chapter Number
2011-02-24 Governor
Governor Signed HEA0029
2011-02-22 Senate
S President Signed HEA No. 0029
2011-02-18 House
H Speaker Signed HEA No. 0029
2011-02-18 LSO
Assigned Number HEA0029
2011-02-18 Senate
S Passed 3rd Reading
2011-02-17 Senate
S Passed 2nd Reading
2011-02-16 Senate
S Passed CoW
2011-02-11 Senate
S Placed on General File
2011-02-11 Senate
S01 Recommended Do Pass
2011-01-31 Senate
S Introduced and Referred to S01
2011-01-28 Senate
S Received for Introduction
2011-01-28 House
H Passed 3rd Reading
2011-01-27 House
H Passed 2nd Reading
2011-01-26 House
H Passed CoW
2011-01-25 House
H Placed on General File
2011-01-25 House
H01 Recommended Do Pass
2011-01-18 House
H Introduced and Referred to H01
2011-01-17 House
H Received for Introduction
2011-01-14 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0157
Drafter:

LNS

LSO No.:
11LSO-0461
Effective Date:

7/1/2011

Enrolled Act No.:
HEA0029

Chapter No.:
77

Prime Sponsor:
Representative
Brown

Catch Title:
Abolition
of worthier title doctrine.

Subject:
The
elimination of a common law doctrine relating to conveyances of real property
to a persons' heirs.

Summary/Major Elements:

The act clarifies that a
common law rule, called the doctrine of worthier title, is eliminated.

The doctrine provided that
when a person made a transfer of real estate followed by a future estate to
his heirs, the property reverted to the conveyor so that the heirs would obtain
the property by descent.

The purpose of the doctrine
was to allow heirs to obtain title through descent, rather than by the conveyance.
A title obtained through descent was considered superior (or worthier) than a
title obtained through a conveyance.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0157

ENROLLED ACT NO. 29, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to

property conveyances
; abolishing the doctrine of worthier title;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1
.

W.S. 34
‑
1
‑
137

is amended to read:

34
‑
1
‑
137.

Fee
s
tail prohibited; future interests of fee
s tail; worthier title doctrine abolished
.

(a)

The creation of fees tail is not permitted. The use in an otherwise effective conveyance of property of language appropriate to create a fee tail, creates a fee simple in the person who would have taken a fee tail. Any future interest limited upon such an interest is a limitation upon the fee simple and its validity is determined accordingly.

(b)

The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a will, trust agreement, beneficiary designation or other governing instrument describing the beneficiaries of a
disposition as "heirs
,
" "heirs at law
,
" "next of kin
,
" "distributees
,
" "relatives"
or
"family" or language of similar import, does not create or presumptively create a reversionary interest in the transferor.

Section 2.

This act is effective July 1, 2011.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk