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 * The fee simple conditional is obsolete except in Iowa, Oregon, and South Carolina.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:
Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.
[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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