Conditional Fee

A fee restrained in its form of donation 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 heirs, or to the heirs male of his body, in exclusion both of collaterals and lineal females also.

2 Bl. Com. 110. 1 Steph. Com. 226.

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. Com. 110.

It was a fee simple, on condition that the donee had issue, [or the prescribed heirs.] Id. ibid.

4 Kent's Com. 11, 12.

Under the statute De donis, conditional fees were changed into estates tail.

Id. 11, et seq. 444.

In the United States, conditional fees have generally partaken of the fate of estates tail, and have not been revived. In South Carolina, however, they still exist.

Id. 16, 17. 1 Hilliard's Real Prop. 97, 98.