Fee Tail

1. Fee Tail

2. Language of Grant • “To A and the heirs of his (her) body.” • “To A and her (his) issue.” • Words of purchase • “To A” • Words of limitation • “and the heirs of his (her) body”“and her (his) issue”

3. Effect of Grant • Before 1285 = Fee Simple Conditional • If A has a child, A has fee simple absolute. • After 1285 Statute of De DonisConditionalibus = Fee tail • Property inheritable only by lineal descendants forever. • Term derived from French, tailler, meaning, to cut or carve.

4. Fee Tail – Types • Fee Tail Male = “To A and the male heirs of his (her) body” • Fee Tail Female = “To A and the female heirs of (her) his body” • Fee Tail Special = “To A and the heirs of A’s body with [designated spouse]”

5. Fee Tail – Grantor’s Interest • Reversion

6. Fee Tail – Modern Status • Fee Simple Conditional • Fee Tail • Prohibited by state statute or constitution (majority) • Grantee has fee simple absolute • Life estate with remainder in fee simple absolute to lineal heirs • One generation tail • Ohio -- § 2131.08