Maxim 5.6.20
Fee-tail, an inheritance limited in a definite descent.
Source: Litt. s. 13; Black's, 2d. 491; Weisman, 58g
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A fee tail is an estate of inheritance limited to a particular line of heirs — it descends only to the issue of the body of the grantee, and upon failure of such issue, it reverts.
Where this applies
- A lord grants land to a knight and his heirs of his body — only direct descendants of the knight may inherit, and if his line dies out, the land reverts to the lord.
- A will creates a fee tail leaving a farm to a son and the heirs of his body, meaning only his biological descendants can inherit the property.
- A family estate is held in fee tail, so when the last direct descendant dies without children, the land reverts rather than passing to collateral relatives.
Cite this maxim
NeCede Max. 5.6.20 — Fee-tail, an inheritance limited in a definite descent. — Litt. s. 13; Black's, 2d. 491; Weisman, 58g
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