worthier title

noun

wor·​thi·​er title
often capitalized W&T
: a common-law doctrine providing that an heir receiving a devise of an estate that is the same as the estate he or she would receive by descent if the grantor died without a will receives the property by descent rather than by devise since descent has been thought to convey a better title

Note: The doctrine of worthier title today is usually considered in light of its implication for inter vivos transfers (that is, transfers made between living persons) to an heir. When a grantor makes an inter vivos conveyance of property followed by a future estate to his or her heirs, the conveyance is deemed to create a reversion in the grantor rather than a remainder in the heirs, so that the heirs take by descent and receive a superior title to that which they would have received through the remainder.

Dictionary Entries Near worthier title

Cite this Entry

“Worthier title.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, https://www.merriam-webster.com/legal/worthier%20title. Accessed 29 Jan. 2023.

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