When the remainder of a possession is limited to the heirs or heirs of the body of a person who holds said property as a life estate, in these premises the persons who at the termination of said life estate, are to be heirs or heirs of the body of said life estate, shall be authorized to purchase the same [take as purchasers] by virtue of the remainder of the possession so limited in them.
History: Laws 1851-1852, p. 376; C.L. 1865, ch. 44, § 26; C.L. 1884, § 1425; C.L. 1897, § 2045; Code 1915, § 4765; C.S. 1929, § 117-109; 1941 Comp., § 75-114; 1953 Comp., § 70-1-17.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler to clarify the meaning of the section, which was apparently intended to prevent the operation of the Rule in Shelley's Case, whereby an ancestor given a life estate with a remainder to his heirs was judicially determined to have a fee simple, with full right of alienation, so that the heirs might take nothing. The bracketed material is not part of the law.
Law reviews. — For article, "Toward Clarification of New Mexico's Real Property Statutes," see 1 Nat. Res. J. 163 (1961).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 Am. Jur. 2d Estates § 1.
Declaratory judgment as to rights and powers of life tenants, 12 A.L.R. 86, 19 A.L.R. 1124, 50 A.L.R. 42, 68 A.L.R. 110, 87 A.L.R. 1205, 114 A.L.R. 1361, 142 A.L.R. 8
Timber rights of life tenants, 21 A.L.R. 1002, 46 A.L.R. 1205, 51 A.L.R.2d 1374.
Conveyance by life tenant and remainderman in esse as cutting off interest of unborn persons under devise for life with remainder to a class, 25 A.L.R. 770.
Eminent domain, right of remaindermen to compensation for improvements made by the condemnor, before condemnation, relying on deed from life tenant, 34 A.L.R. 1095.
Rights of life tenant and remaindermen inter se as to oil and gas, 43 A.L.R. 811.
Subrogation of life tenant or remainderman paying taxes, 61 A.L.R. 612, 106 A.L.R. 1212.
Sale or exchange of property which is subject to life estate and remainder, where it is unproductive, or income is insufficient to pay taxes and upkeep, 76 A.L.R. 540.
Right to contribution from remainderman of life tenant who pays encumbrance on property, 87 A.L.R. 220.
Amount of income as affecting duty of life tenant in respect of repairs, 101 A.L.R. 681.
Provision of will that children of remainderman who dies before expiration of precedent estate or time fixed for distribution to remainderman shall take share to which he would have been entitled, as affecting character of remainder as vested or contingent, 109 A.L.R. 5, 47 A.L.R.2d 900.
Rights of life tenant (legal or equitable) and remaindermen in respect of amount paid by lessee in consideration of release, 121 A.L.R. 900.
Cost of property insurance as a charge against life tenant or remainderman, 126 A.L.R. 336.
Grant to one and his children, 161 A.L.R. 612.
Rights as between life tenant and remaindermen in respect of property, estates, or securities of a wasting, consumable, or perishable nature, 170 A.L.R. 133.
Nature of estates or interests created by grant to one and heirs if donee should have any heirs, 16 A.L.R.2d 670.
Grant in terms insufficient to carry the whole property absolutely as so operating where followed by a purported limitation over property not disposed of by the first taker, 17 A.L.R.2d 7.
Rights of tenant for life and remaindermen inter se in royalties or rents under oil, gas, coal, or other mineral lease, 18 A.L.R.2d 98.
Who are within gift or grant to "offspring," 23 A.L.R.2d 842.
Murder of life tenant by remainderman or reversioner as affecting latter's rights to remainder or reversion, 24 A.L.R.2d 1120.
Nontrust life estate expressly given for support and maintenance as limited thereto, 26 A.L.R.2d 1207.
Gift or grant to one upon marriage, if married, payable at marriage, or the like, as vested or contingent, 30 A.L.R.2d 127.
Life estate as created by language providing premises as a home, or giving or granting same for such use, 45 A.L.R.2d 699.
Life tenant's right of action for injury or damage to property, 49 A.L.R.2d 1117.
Character of remainder limited generally to the life tenant's children, 57 A.L.R.2d 103.
Nature of remainder created by inter vivos trust giving settlor, trustee, or life beneficiary power to exhaust trust fund or otherwise terminate trust, 61 A.L.R.2d 477.
Delivery or distribution to life tenant, or assent by executor to his possession or to the life interest, as inuring to the benefit of the remaindermen and operating to take the remainder out of the estate, absent a trust or will provision retaining it, 68 A.L.R.2d 1107.
Disposition of decedent's share of income or property during interval between deaths of life beneficiaries sharing therein, where remainder was given over after death of all life beneficiaries, 71 A.L.R.2d 1332.
Gift over by implication after estate during life or until marriage, where property is expressly given over at death and first taker marries, or vice versa, 73 A.L.R.2d 484.
Rights of life tenant and remaindermen inter se respecting increase, gains, and enhanced values of the estate, 76 A.L.R.2d 162.
Duty as between life tenant and remainderman as respects payment of improvement assessments, 10 A.L.R.3d 1309.
Life tenant's death as affecting rights under lease given by him, 14 A.L.R.4th 1054.
Duty as between life tenant and remainderman with respect to cost of improvements or repairs made under compulsion of governmental authority, 43 A.L.R.4th 1012.
31 C.J.S. Estates § 83.