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 “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)

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Presentation on theme: " “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)"— Presentation transcript:

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3  “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”

4  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.

5  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]”

6  Reversion  If owner dies without a living descendant, grantor (or grantor’s successors in interest) regain ownership of the property.

7 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


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