conditional fee

A gift of land to a man and his heirs generally, if he shall have heirs of his body, without any other expression to qualify the words heirs of his body, is a conditional fee.

A fee which, at the common law, was restrained to some particular heirs, exclusive of others. 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. For this was a condition annexed by law to all grants whatsoever, that, on failure of the heirs specified in the grant, the grant should be at an end, and the land return to its ancient proprietor. 2 Bl. Comm. 110.

A fee which, at the common law, was restrained to some particular heirs, exclusive of others. 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 laud should revert to the donor. For this was a condition annexed by law to all grants whatsoever, that, on failure of the heirs specified in the grant, the grant should be at an end and the land return to Its ancient proprietor. Such a gift, then, was held to be a gift upon condition that it should revert to the donor if the donee had no heirs of his body, but, if be should then remain to the donee. It was, therefore, called a fee simple, on condition that the donee had issue. As soon as the donee had is?ue born, his estate was supposed to become absolute, by the performance of the condition, — at least so f;ir absolute as to enable him to charge or to alienate the land, or to forfeit it for treason. But on the passing of the statute of Westminster II., commonly called the statute De Donis Conditionalibus, the judges determined that the donee had no longer a conditional fee simple which became absolute and at his own disposal as soon as any issue was born; but they divided the estate into two parts, leaving the donee a new kind of particular estate, which they denominated a fee tail; and vesting in the donor the ultimate fee simple of the land, expectant on the failure of issue, which expectant est. called a reversion. And hence it is said that tenant In fee tail Is by virtue of the statute De Donis. 2 Bla. Com. 112. A conditional fee may be granted by will as well as by deed: Corey v. Springer, 13S Ind. 506, 37 N. E. 322.

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.

Defined under Fee in Black's Law Dictionary.

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.