“To A and the heirs of his (her) body.” “To A and her (his) issue.” Words of purchase ▪ “To A” Words of limitation ▪ “and the heirs of his (her) body” “and her (his) issue”
Before 1285 = Fee Simple Conditional If A has a child, A has fee simple absolute. After 1285 Statute of De Donis Conditionalibus = Fee tail Property inheritable only by lineal descendants forever (unending series of life estates). Term derived from French, tailler, meaning, to cut or carve.
Fee Tail Male = “To A and the male heirs of his (her) body” Fee Tail Female = “To A and the female heirs of (her) his body” Fee Tail Special = “To A and the heirs of A’s body with [designated spouse]”
Reversion If owner dies without a living descendant, grantor (or grantor’s successors in interest) regain ownership of the property.
1. Fee Simple Conditional 2. Fee Tail 3. Prohibited by state statute or constitution (majority) Texas Constitution Article 1, § 26 Grantee has fee simple absolute 4. Life estate with remainder in fee simple absolute to grantee’s lineal heirs 5. Others