fee

A reward or wages given to one for the execution of his office, or for professional services, as those of a counsellor or physician. Cowell. Fees differ from costs in this, that the former are, as above mentioned, a recompense to the officer for his services; and the latter, an indemnification to the party for money laid out and expended in his suit. 11 Serg. & R. (Pa.) 248; 9 Wheat. (U. S.) 262. See 4 Bin. (Pa.) 267. That which is held of some superior on condition of rendering him services. A fee is defined by Spelman (Feuds, c. 1) as the right which the tenant or vassal has to the use of lands, while the absolute property remained in a superior. But this early and strict meaning of the word speedily passed into its modern signification of an estate of inheritance. 2 Bl.. Comm. 106; Cowell; Termes ^e la Ley; 1 Washb. Real Prop. 51; Co. Litt. lb; 1 Prest. Est. 420; 3 Kent, Comm. 514. The term may be used of other property as well as lands. Old Nat. Brev. 41. The term is generally used to denote as well the land itself so held as the estate in the land, which seems to be its stricter meaning. Wright, Ten. 19, 49; Cowell. The' word "fee" is explained to signify that the land or other subject of property belongs to its owner, and is transmissible, in the case of an individual, to those whom the law appoints to succeed him, under the appellation of "heirs;" and, in the case of corporate bodies, to those who are to take on themselves the corporate function, and, from the manner in which the body is to be continued, are denominated "successors." 1 Co. Litt. 271b; Wright, Ten. 147, 150; 2 Bl. Comm. 104, 106; Bouv. Inst. Index. Sometimes used for "fee simple." The compass or circuit of a manor or lordship. Cowell. Fee Simple. An estate belonging to a The word "simple" adds no meaning to the word "fee," standing by itself. But it excludes all qualification or restriction as to the persons who may inherit it as heirs, thus distinguishing it from a fee tail, as well as from an estate which, though inheritable, is subject to conditions or collateral determination. 1 Washb. Real Prop. 51; Wright, Ten. 146; 1 Prest. Est. 420; Litt. § 1. It is the largest possible estate which a man can have, being an absolute estate in perpetuity. It is where lands are given to a man and to his heirs absolutely without any end or limitation put to the estate. Plowd. 557; Atk. Conv. 183; 2 Sharswood, Bl. Comm. 106. Fee Tail. One limited to particular classes of heirs. An inheritable estate which can descend to certain classes of heirs only. It is necessary that they should be heirs "of the body" of the ancestor. It corresponds with the feudum talliatum of the feudal law. The estate itself is said to have been derived from the Roman system of restricting estates. 1 Spence, Eq. Jur. 21; 1 Washb. Real Prop. 66; 2 Bl. Comm. 112, note. See, also, 2 Inst. 333; White & T. Lead, Cas. 607; 4 Kent, Comm. 14 et seq. Determinable Fee. One which is liable to be determined, but which may continue forever. 1 Plowd. 557; Shep. Touch. 97; 2 Bl. Comm. 109; Cro. Jac. 593; 10 Viner, Abr. 133; Fearne, Cont. Rem. 187; 3 Atk. 74; Ambl. 204; 9 Mod. 28. See "Determinable Fee." Qualified Fee. An interest given to a man and certain of his heirs at the time of its limitation. Litt. § 254; Co. Litt. 27a, 220; 1 Prest. Est. 449. See "Qualified Fee." Conditional Fee. This includes one that is either to commence or determine on some condition. 10 Coke, 95b; Prest. Est. 476; Fearne, Cont. Rem. 9. See "Condition."

A reward or wages given to one for the execution of his office, or for professional services, as those of a counsellor or physician. Cowell. Fees differ from costs in this, that the former are, as above mentioned, a recompense to the officer for his services; and the latter, an indemnification to the party for money laid out and expended in bis suit; Musser v. Good, 11 8. & R. (Pa.) 248. See Lyon V. Mc Manus, 4 Binn. (Pa.) 167. Fees are synonymous with charges; Me Pbeters v. Morrill, 66 Me. 124. See Champbrtt; Ethics, Lboal; Attorney. That which is held of some superior on condition of rendering him services. A fee is defined by Spelman (Feuds, c. 1) as the word speedily passed Into Its modern signification ot <m estate of inheritance; 2 Bla. Com. 106; Cowell; Termes de Ut Ley; 1 Washb. R. P. 61; Co. Lltt. 1 b; 1 Prest.'B8t. 420; 8 Kent 614. The term may be used of other property as well as lands; Old Nat Brev. 41. The ^erm is generally used to denote as well the land itself so held, as the estate in the land, which seems to be its stricter meaning. Wright, Ten. 19, 49; Cowell. The word fee Is explained to signify that the land or other subject of property belongs to Its owner, and Is transmissible. In the case of an individual, to those whom the law appoints to succeed him, under the appellation of heirs; and, in the case of corporate bodies, to those who are to take on themselves the corporate function, and, from the manner In which the body Is to be continued, are denominated successors; 1 Co. Lltt. 2716/ Wright, Ten. 147, 150; 2 Bla. Com. 104, 106. The compass or circuit of a manor or lordship. Cowell. A fee-simple is an estate limited to a man and his heirs absolutely. See Fee- Simple. A fee-tail is one limited to particular classes of heirs. See Fee-Tail. A determinable fee is one which is liable to be determined, but which may continue forever. See Deteeminabi.e Fee. A qualified fee is an Interest given to a man end certain of his heirs at the time of its limitation. See Qualified Fee; Kelso v. Stigar, 76 Md..397, 24 Atl. 18. A conditional fee Includes one that, is either to commence or determine on some condition; 10 Co. 95 6; Prest.Est.47C; Fearne, Cont Rem. 9. See Conditions; Shelley’s Case, Rule in.

1. A freehold estate in lands, held of a superior lord, as a reward for services, and on condition of rendering some service in return for it. The true meaning of the word "fee" Is the same as that of "feud" or "fief," and in its original sense it is taken in contradistinction to "allodium," which latter is defined as a man's own land, which he possesses merely in his own right, without owing any rent or service to any superior. 2 Bl. Comm. 105. See Wendell v. Crandall, 1 N. Y. 491. In modem English tenures, "fee" signifies an estate of inheritance, being the highest and most extensive interest which a man can have in a feud; and when the term Is used simply, without any adjunct, or in the form "fee-simple," it imports an absolute inheritance clear of any cendition, limitation, or restriction to particular heirs, but descendible to the heirs general, male or female, lineal Or collateral. 2 Bl. Comm. 106.

— Base fee. A determinable or qualified fee; an estate having the nature of a fee, but not a fee simple absolute.

— Conditional fee. 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.

— Determinable fee. (Also calied a "qualified" or "base" fee.} One which has a qualification subjoined to it, and which must be determined whenever the quni-ification annexed to it is at an end. 2 Bl. Comm. 109. An estate in fee which is liable to be determined by some act or event expressed on its limitation to circumscribe its continuance, or inferred by law as bounding its extent. 1 Washb. Real Prop. 62; MicLane v. Bo-vee, 35 Wis. 36

— Fee damages. See Damages

— Fee expectant. An estate where lands are given to a man and his wife, and the heirs of their bodies.

— Fee simple. See that title.

— Fee tail. See that title.

— Great fee. In feudal law, this was the designation of a fee held directly from the crown.

— Knight's fee. The determinate quantity of land, (held by an estate of inheritance,) or of annuai income therefrom, which was sufficient to maintain a knight. Every man holding such a fee was obliged to be knighted, and attend the king in his wars fur the space of forty days in the year, or pay a fine (called "escuage") for his non-compliance. The estate was estimated at £20 a year, or, according to Coke, 680 acres. See 1 Bl. Comm. 404, 410 ; 2 Bl. Comm. 62; Co. Litt. 69a.

— Limited fee. An estate of inheritance in lands, which is clogged or confined with some sort of condition or qualification. Such estates are base or qualified fees, conditional fees, and fees-taii. The term is-'opposed to "fee-simple." 2 Bl. Comm. 109; Lott v. Wyckoff, 1 Barb. (N. Y.) 575; Paterson v. Ellis, 11 Wend. (N. Y.) 259

— Plowman's fee. In old English law, this was a species of tenure peculiar to peasants or small farmers, somewhat like gavelkind, by which the lands descended in equal shares to ali the sons of the tenant.

— Qualified fee. In English law. A fee having a qualification subjoined thereto, and which must be determined whenever the qualification annexed to it is at an end ; otherwise termed a "base fee." 2 Bl. Comm. 109; 1 Steph. Comm. 225. An interest which may continue forever, but is liable to be determined, without the aid of a conveyance by some act or event, circumscribing its continuance or extent. 4 Kent, Comm. 9; Moody v. Walker. 3 Ark. 190; U. S. v. Reese, 27 Fed. Cas. 744; Bryan v. Spires, 3 Brewst. (Pat) 583.

— Quasi fee. An estate gained by wrong ; for wrong is unlimited and uncontained within rules. Wharton.
2. The word "fee" is also frequently used to denote the land which is held in fee.
3. The compass or circuit of a manor or lordship. Coweli.
4. In American law. A fee ls an estate Of inheritance without condition, belonging to the owner, and alienable by him, or transmissible to his heirs absolutely and simply. It is an absolute estate in perpetuity, and the largest possible estate a man can have, being, in fact, allodial in its nature. Earnest v. Little River Land, etc., Co.., 109 Tenn. 427, 75 S. W. 1122; Phoenix v. Emigration Co.m'rs, 12 How. Prae. (N. Y.) 10; United States Pipe-Line Co. v. Delaware, L. & W. R. Co., 62 N. J. Law, 254, 41 AtL 759, 42 In R. A. 572.
5. A reward, compensation, or wage given to one for the performance of official duties (clerk of court, sheriff, etc.) or for professional services, as in the ease of an attorney at law or a physician.

— Contingent fee. A fee stipulated to be paid to an attorney for his services in conducting a suit or other forensic proceeding only in case he wins it; it may be a percentage of the amount recovered.

— Docket fee. See Docket.

— Fee-bill. A schedule of the fees to be charged by clerks of courts, sheriffs, or other officers, for each particular service in the line of their duties.

An estate of inheritance; a reward or compensation given to one for the execution of his oflS.ce, or for professional services. Fee simple: an absolute estate of inheritance; an unlimited estate in land descendible to a man's heirs generally. Fee tail: a fee descendible to a certain class of heirs only, as to the heirs of the body of the owner.

In old English law. That which one holds of another by service; that which one holds by any title to him and his heirs; land held on condition of service, or held as an inheritance; a seigniory, manor or lordship; an inheritance. Fee simple conditional: an estate which arose before the statute de donis upon a grant to a man and a limited class of heirs.

In feudal law. A stipendiary estate held of a superior by service; such an estate held as an inheritance; the land itself held by service.

1. A freehold estate held of, and granted by, the condition of performing some service in originally granted as a reward. 3. An estate land; an estate granted to a man and his heirs. Fee-farm: land held in fee at a rent, but (except they be specified in the deed of rent: that reserved on granting lands in or one third their value. Fee simple: an land, descendible to a man's heirs generally. tional: the old estate which arose when land man and a limited class of heirs before the which turned them all into estates tail. Fee fee, descendible to certain classes of heirs only only pass to the heirs of his body, the direct