Fee Simple Conditional – an estate conveyed to a man conditionally upon his having an heir

fee simple conditional:
(17c)

1. An estate conveyed to a man conditionally upon his having an heir of his body.  *  If an heir was born alive (whether the child survived or not), the condition was fulfilled and the donee received a fee simple, which he could alienate (transfer the property to another).

2. An estate restricted to some specified heirs, exclusive of others (e.g., “to Albert and his female heirs”).  *  The fee simple conditional is obsolete except in Iowa, Oregon, and South Carolina. — aka general fee conditional; conditional fee. [1]

     Excerpt from Thomas F. Bergin & Paul G. Haskell’s Preface to Estates in Land and Future Interests (2d ed. 1984):

     “The reader should be careful not to confuse this estate with estates having similar labels, such as the ‘estate in fee simple subject to a condition subsequent’ . . . . [2]

References:

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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 29 n.19 (2d ed. 1984).

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