Also known as:worthier titles · doctrine of worthier title · worthier title doctrine
Written by attorneys — see sources below.
A common-law doctrine under which a conveyance or devise purporting to create a future interest in the grantor's or testator's own heirs was treated as creating a reversion in the grantor instead. The doctrine operated both as a mandatory rule of law and as a rule of construction that presumed the grantor intended to retain the interest. Modern statutes and restatements abolish the doctrine in both forms so that language describing beneficiaries as the transferor's heirs or next of kin creates a remainder in that class rather than a reversion.
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How its tested
Common Examples
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Life Estates Followed by Next of Kin
Earl placed his farm in an irrevocable trust granting life estates to his two sons until their deaths and then directing the property to his next of kin. One son later contracted to sell his life interest to a neighbor. Because the jurisdiction has abolished the doctrine of worthier title, the instrument creates a remainder in the class of next of kin rather than a reversion in Earl, allowing the son to convey his full life estate without any retained interest clouding title.
Conveyance With Limitation to Heirs
A grantor conveyed land to a life tenant with a remainder limited to the grantor's own heirs. The heirs later asserted that the limitation created a remainder in them. The court treated the language as creating a valid remainder rather than an automatic reversion because the doctrine of worthier title no longer operates to nullify the limitation to heirs.
In re Burchell’s Estate299 N.Y. 351, 361, 87 N.E.2d 293, 297 (1949)
Prior to 1949, settlors in two separate matters executed trust agreements conveying property to trustees. The agreements directed payment of income to the settlor during her lifetime, with the principal to pass upon death either to appointees under the settlor's will or to next of kin in default of appointment.
In the Burchell trust, additional terms required the settlor to join in conveyances, mortgages, long-term leases, and successor trustee appointments, while granting trustees powers to sell, convey, mortgage, and reinvest. The Worm trust required paternal approval for management actions during the father's life but otherwise gave the trustee broad powers.
No revocation powers or principal withdrawal rights were included in either document. The Burchell dispute emerged during administration of the deceased settlor's estate, while in Worm the settlor alone executed a revocation notice pursuant to Personal Property Law section 23, leading to litigation in both instances that reached the Court of Appeals.
Does language such as 'to my next of kin' still create a reversion in the transferor?
No. Under modern law the doctrine of worthier title is abolished both as a rule of law and as a rule of construction. Language describing beneficiaries as the transferor's heirs, next of kin, or similar terms creates a remainder in that class rather than a reversion in the transferor.
Supporting sources
Can a life tenant convey a marketable interest when the instrument uses 'next of kin' language?
Yes. Because the doctrine is abolished, the future interest is a remainder in the described class and does not reduce the life estate by an implied reversion. The life tenant may therefore transfer the entire life interest without title being clouded by any retained interest in the transferor.
Supporting sources
Does the abolition apply to both inter vivos trusts and wills?
Yes. The Uniform Probate Code and Restatement provisions abolish the doctrine for any governing instrument, whether a deed of trust or a will. Language to heirs or next of kin is read literally as creating a remainder in the class rather than a reversion.
Supporting sources
299 N.Y. 351, 87 N.E.2d 293 (1949)
…estate is limited to heirs of the grantor arises because of the existence in our modern jurisprudence of remnants of the ancient doctrine of worthier title (46 Harv. L. Rev. 993). Prior to our decision in Doctor v. Hughes (225 N. Y. 305, supra ), a conveyance by a grantor with a limitation over to his heirs was said to be governed by that…
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