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Published bySolomon Reynolds Modified over 9 years ago
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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) body” “and her (his) issue”
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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.
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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]”
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Reversion If owner dies without a living descendant, grantor (or grantor’s successors in interest) regain ownership of the property.
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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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