Biting Rule Law & Legal Definition


Biting rule is a rule of construction that once a deed or will grants a fee simple, a later provision attempting to cut down, modify, or qualify the grant will be held void. The cardinal rule of construction of wills and other such papers requires that the intention of the testator, if ascertainable, shall be given effect.

The following is a caselaw on the biting rule:

The biting rule is that where property is devised to one absolutely with unlimited power of disposition and by a subsequent provision of the will the testator undertakes to devise whatever may be left at the first taker's death, the limitation over is void and the first taker acquires a fee simple title. [Johnson v. Citizens Fidelity Bank & Trust Co., 414 S.W.2d 413 (Ky. 1967)]