Fee Simple

[L. Lat. feodum simplex.] A pure fee; an absolute estate of inheritance; that which a person holds inheritable to him and his heirs forever. Litt. sect.

1. Co. Litt. 1 b. 2 Bl. Com. 106.

Termes de la ley. See Fee. Called simple, that is, pure, because clear of any condition, limitation, or restriction to particular heirs; being descendible to the heirs general, whether male or female, lineal or collateral.

2 Bl. Com. 106. Co. Litt. 1 b, 2 a.

See Simple. Fee however itself, without the addition of the word simple, imports the same thing. Litt. sect.

293.

Spelman, voc.

Feodum

It is the largest estate and most extensive interest that can be enjoyed in land, being the entire property therein.

2 Bl. Com. ub. sup.

Litt. sect.

11.

Spelman, voc.

Feodum. 4 Kent's Com. 5.

It is created in deeds by the word "heirs" (to such a person and his heirs,) which is the proper, and at common law, the indispensable word for that purpose, and cannot be supplied by any other, even "heir" in the singular.

Co. Litt. 8 b. 2 Preston on Estates, 8. But see 4 Kent's Com. 5, note.

So that, if a conveyance be "to a man forever," or "to a man and his assigns forever," or "to a man and his heir," he will have but an estate for life. Termes de la ley.

Wharton's Lex. 4 Kent's Com. 5, 6.

This rule, however, has been modified in regard to wills; and, in American law in some cases entirely abolished by statute. Id. 6 — 8, and notes.

1 Hilliard's Real Prop. 609.

See Heirs.

See Heirs.