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Conditional fee

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

An estate restrained to some particular heirs, exclusive of others, as to the heirs of a man's body, by which only his lineal descendants were admitted, in exclusion of collateral; or to the heirs male of his body, in exclusion of heirs female, whether lineal or collateral. It was called a "conditional fee," by reason of the condition expressed or implied in the donation of it that, if the donee died without such particular heirs, the land should revert to the donor.

2 Bl. Comm. llO; Kirk v. Furgerson, 6 Gold. (Tenn.) 483; Simmons v. Augustin, 3 Port. (Ala.) 69; Paterson v. Ellis, 11 Wend. (N. Y.) 277; Moody v. Walker, 3 Ark. 190; Halbert v. Halbert, 21 Mo. 281.