{"id":16523,"date":"2018-06-12T14:53:24","date_gmt":"2018-06-12T14:53:24","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=16523"},"modified":"2018-06-12T16:16:53","modified_gmt":"2018-06-12T16:16:53","slug":"estate-in-fee-tail-a-legal-or-equitable-estate-in-lands-that-is-heritable-only-by-specified-descendants-of-the-original-grantee-enduring-until-its-current-holder-dies-without-issue","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=16523","title":{"rendered":"fee tail – a legal or equitable estate in lands that is heritable only by specified descendants of the original grantee, enduring until its current holder dies without issue, at which time it reverts to the original donor or his heirs"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from\u00a0Property<\/a> >>>>\u00a0Interest<\/a>\u00a0>>>> Estate<\/a>\u00a0>>>> Estates in Land<\/a>\u00a0>>>> Freehold Estate (Interest)<\/a>\u00a0>>>> Fee (Simple Absolute)<\/a>:<\/strong><\/span><\/p>\n

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fee tail<\/span>:<\/span><\/strong>
\n(15c)<\/span><\/p>\n

1. An estate<\/a>\u00a0<\/span>that is heritable only by specified descendants of the original grantee, and that endures until its current holder dies without issue (e.g., \u201cto Albert and the heirs of his body\u201d). \u00a0* \u00a0Most jurisdictions \u2014 except Delaware, Maine, Massachusetts, and Rhode Island \u2014 have abolished the fee tail.<\/strong> \u2014 aka\u00a0entailed estate<\/span><\/strong><\/em>; estate tail<\/span><\/strong><\/em>; estate in tail<\/strong><\/em><\/span>; estate in fee tail<\/span><\/strong><\/em>; tenancy in tail<\/span><\/strong><\/em>; entail<\/span><\/strong><\/em>; feodum talliatum<\/span><\/strong><\/em>. \u00a0See ENTAIL; TAIL. [1]<\/span><\/p>\n

1. A legal<\/a> or equitable estate<\/a> in which lands and tenements are given to one and the heirs of his body begotten, in other words, an estate of inheritance which is to pass by lineal descent only. 19 Am J2d Est\u00a0\u00a7 45<\/span>.<\/span><\/strong><\/p>\n

An estate<\/a>\u00a0<\/span>resulting from the application of the Statute de Donis to the conditional fee. 19 Am J2d Est\u00a0\u00a7 45<\/span>.<\/span><\/strong><\/p>\n

The name was borrowed from the feudists, among whom it signified any mutilated or truncated inheritance from which the heirs general were cut off, or, as some say, because ownership of the subject was cut in two parts, and the other remaining as a reversion in the donor. Gannon v Albright<\/em>, 183 Mo 498, 81 SW 1162<\/span>.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See barring the entail<\/em>; common recovery<\/em>; fine to bar entail<\/em>; Statute de Donis<\/em>. [2]<\/span><\/p>\n

1. An\u00a0estate in land<\/a>\u00a0that is given to a person and her lineal descendants only, the heirs in general being deprived of any interest in the estate<\/a>. \u00a0In the absence of lineal descendants, the estate reverts to the donor. \u00a0A fee tail estate given only to the donor’s female lineal\u00a0<\/span>descendants<\/span>\u00a0is called a\u00a0<\/span>fee tail female<\/em>; a fee tail estate limited to the donor’s male lineal\u00a0<\/span>descendants<\/span>\u00a0is called a fee tail male<\/em>.<\/span><\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See entail<\/em>. \u00a0See also estate of inheritance<\/em>; heirs of the body<\/em>; reversion<\/em>.\u00a0[3]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from 1 Stephen\u2019s Commentaries on the Laws of England<\/em><\/a> 150 (L. Crispin Warmington ed., 21st ed. 1950):<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe old legal estate tail was throughout its history invariably associated with family settlements, and in particular with marriage settlements. . . . Medieval landowners sought to achieve [familial continuity and status] by perfecting a single estate which in itself would conform to three requirements: <\/span><\/span><\/strong><\/p>\n

(1) While it should be an estate of inheritance it should devolve on lineal heirs only, and not on\u00a0<\/span>collaterals<\/span>\u00a0\u2014 in\u00a0other words that it should descend only to the heirs of the body of the first grantee. <\/span><\/span><\/strong><\/p>\n

(2) As a corollary, the estate should be such that if at any time the first grantee’s issue should fail the estate itself should come to an end and the land revert to the original settlor or his heirs. <\/span><\/span><\/strong><\/p>\n

(3) No owner of the estate for the time being should have power to dispose of the land in such a way as to prevent it descending on his death to the next heir of the body of the original grantee. <\/span><\/span><\/strong><\/p>\n

\u00a0 \u00a0 All this was attempted by limiting land, not to \u2018A and his heirs,\u2019 which would give A a fee simple, but to \u2018A and the heirs of his body.<\/span><\/span>”\u00a0<\/span><\/span><\/strong>[4]<\/span><\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Thomas F. Bergin and Paul G. Haskell, Preface to Estates in Land and Future interests<\/em><\/a> 30, 32 (2d ed. 1984):<\/span><\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201cIf we cannot resist the temptation to say that De Donis permitted the creation of tailor-made estates, we can at least argue that it is not a pun. \u00a0Our word \u2018tailor\u2019 and the word \u2018tail,\u2019 as used in \u2018fee tail,\u2019 come from the same \u00a0<\/span><\/span>source the French tailler<\/em>, to cut. \u00a0The word \u2018tail\u2019 in \u2018fee\u00a0<\/span>tail\u2019 has nothing to do with that which wags the dog. \u00a0The\u00a0<\/span><\/span>estate in fee tail was a cut estate \u2014\u00a0either cut in the sense that the collateral heirs were cut out, or cut in the sense that the estate was carved into a series of discrete life-possession periods to be enjoyed successively by A and his lineal heirs. . . . \u00a0We know of no state in the United States that recognizes the estate in fee tail in its strict 12<\/span>85-4472 form. \u00a0Wherever it is recognized, the tenant in tail in possession may disentail it by simple deed.<\/span>\u201d\u00a0<\/span><\/span><\/strong>[5]<\/span><\/span><\/p>\n

Various Types of Fee Tail Estates:<\/span><\/strong><\/p>\n

fee expectant<\/a><\/span> – a fee tail created when land is given to a man and wife and the heirs of their bodies.<\/span><\/span><\/strong><\/p>\n

fee tail general<\/span> –<\/strong> (16c) A fee tail that is heritable by all of the property owner\u2019s issue by any spouse. \u00a0* \u00a0Formerly, a grant \u201cto A and the heirs of his body\u201d created a fee tail general.<\/strong><\/span><\/p>\n

fee tail special<\/span> –<\/strong> (17c) A fee tail that restricts the eligibility of claimants by requiring a claimant to prove direct descent from the grantee and meet the special condition in the grant. \u00a0* \u00a0For example, the words \u201cto A and the heirs of his body begotten on his wife Mary\u201d meant that only descendants of A and Mary could inherit; A\u2019s children by any other wife were excluded. An estate tail special could also be restricted to only male or only\u00a0<\/strong><\/span>female descendants, as in \u201cto A and the heirs male of his body.\u201d<\/span><\/strong><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe<\/b><\/span><\/a><\/em> Tenth<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4 <\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/a><\/em> Pronunciations<\/b><\/span><\/a><\/em> Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal<\/b><\/span><\/a><\/em> Assistant<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]:\u00a01 Stephen\u2019s Commentaries on the Laws of England<\/em><\/a> 150 (L. Crispin Warmington ed., 21st ed. 1950).<\/span><\/span><\/strong><\/p>\n

[5]:\u00a0Thomas F. Bergin and Paul G. Haskell, Preface to Estates in Land and Future interests<\/em><\/a> 30, 32 (2d ed. 1984).<\/span><\/span><\/span><\/strong><\/p>\n

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