Fee simple

An estate of inheritance. Co. LitL lb; 2 Bla. Com. 106. 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-tall, as well as from an estate which, though inheritable, is subject to conditions or collateral determination. 1 Washb. R. P. 61; Wright, Ten. 146; 1 PresL Est. 420; Littleton § 1. It is the largest possible estate which a man can have, being an absolute estate. 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; 2 Bla. Com. 106; Chal. R. P. 191. See Brackett v. Ridlon, 54 Me. 426; Haynes v. Bourn, 42 Vt 686. Where the granting clause of a deed conveys an estate In fee-simple, a subsequent proviso that the grantee shall not convey without the consent of the grantor is void as a restriction or alienation, general as to time and person, and therefore repugnant to the estate created; Murray v. Green, 64 Cal. 303, 28 Pac. 118; Wilkins v. Norman, 139 N. C. 40, 51 S. E. 797, 111 Am. St. Rep. 767. In modern estates the terms fee, fee-simple, and fee-simple absolute are substantially synonymous; Jecko v. Taussig, 45 Mo. 170. The word “heirs” is necessary, in a conveyance, to the creation of a fee-simple, and no expression of intention, in substituted terms, will have an equivalent effect; Sisson v. Donnelly, 36 N. J. L. 434; Edwardsv Ule R. Co. N. H. 290; Cromwell v. Winchester, 2 Head (Tenn.) 389; but it is otherwise in a will; Hill V. Hill, 74 Pa. 173, 15 Am. Rep. 645; Arnold V. Brown, 7 E. I. 188. In the absence of statute, a conveyance of property to a trustee, with power to sell and convey the fee, vests in such trustee an estate in fee-simple, without the use of the word “heirs Ewing v. Shannaban, 113 Mo. 188, 20 S. W, 1065. The common-law rule that a fee-simple cannot be conveyed without the word “heirs” does not apply to an exception, or an easement appurtenant to other land of the grantor or of the right to take profit in the soil; Engel v. Ayer, 85 Me. 448, 27 Atl. 352. FEE-TAIL (Fr. tailler, to shorten). 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, and these are proper words of limitation. It corresponds with the feudum talliatuin 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. R. P. 66; 2 Bla. Com, 112, n. See, also, Co. 2d Inst, 333; Tudor, Lead. Cas. 607; 4 Kent 14; Chal. R. P. 259; and It is said to exist by virtue of the statute de donis; Crabb, R. P. 5 971. See, generally, Wight v. Thayer, 1 Gray (Mass.) 286; Jewell V. Warner, 35 N. H. 176; Bone v. Tyrrell, 113 Mo. 175, 20 S. W. 796; Durant v. Muller, 88 Ga. 251, 14 S. E. 612; Brown v. Addison Gilbert Hospital, 155 Mass..323, 29 N. E. 625; Ray V. Alexander, 146 Pa. 242, 23 Atl. 383. An estate-tail may be general, i. e. limited to the heirs of the body merely; or special, i, e. limited to a special class of such heirs, e. g. heirs male or heirs female, or those begotten of a certain wife named; Newton v. Griffith, 1 H. & G. (Md.) 111. In the last case specified, if the wife died without issue, the husband was called tenant in tall after possibility of issue extinct. The restrictions against alienation could be evaded at common law by levying a fine, suffering a recovery. In this country, an entail can generally be barred by deed. In Pennsylvania, by statute, words which, at common law, would create a fee tall, are to be taken to create a fee simple.

In English law. A freehold estate of inheritance, absolute and unqualified. It stands at the head of estates as the highest in dignity and the most ample in extent; since every other kind of estate is derivable thereout, and mergeable therein. It may be enjoyed not only in land, but also in advowsons, commons, estovers, and other hereditaments, as well as in personalty, as an annuity or dignity, and also in an upper chamber, though the lower buildings and sell belong to another. Wharton.

In American law. An absolute or fee-simple estate is one in which the owner is entitled to the entire property, with unconditional power of disposition during his Ilfe, and descending to his heirs and legal representatives upon his death intestate. Code Ga. 1882, § 2246. And see Friedman v. Steiner, 107 III. 131; Woodbsrry v. Matherson, 19 Fla. 785; Lyle v. Richards, 9 Serg. & R. (Pat) 374; Loventhal v. Home Ins. Co., 112 Ala. 108, 20 South. 419, 33 U R. A. 258, 57 Am. St. Rep. 17; Dumont v. Dufore, 27 Ind. 267. Fee simple signifies a pure fee; an absolute estate of inheritance; that which a person holds inheritable to him and his heirs general forever. It is calied "fee-simple," that is, "pure," because clear of any condition or restriction to particular heirs, being descendible to the heirs general, whether male or female, lineal or collateral. It is the largest estate and most extensive interest that can be enjoyed in land, being the entire property therein, and it confers an uniimited power of alienation. Haynes v. Bourn, 42 Vt. 686. A fee-simple is the largest estate known to the law, and where no words of qualification or limitation are added, it means an estate in possession, and owned in severalty. It is undoubtedly true that a person may own a remainder or reversion in fee. But such an estate is not a fee-simple; it is a fee qualified or limited. So, when a person owns in common with another, he does not own the entire fee,—a fee-simple ; it is a fee divided or shared with another. Brackett v. Ridlon, 54 Me. 426. Absolute and conditional. A fee simple absolute ls an estate which is limited absolutely to a man and his heirs and assigns forever, without any limitation or condition. Frisby v. Ballance, 7 111. 144. At the common law, an estate in fee simple conditional was a fee limited or restrained to some particular heirs, exclusive of others. But the statute "De Donis" converted all such estates into estates tail. 2 Bl. Comm. llO.

[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.