Also known as: heirs of the body · heir of his body · heirs of their bodies
Written by attorneys · grounded in primary & secondary sources — see below
A class of lineal descendants of a designated ancestor who would succeed to the ancestor's property under applicable intestate succession law if the ancestor died owning the property at the time the class is ascertained.
Henry Hoffman devised his ranch to his daughter Hope for life, remainder to the heirs of her body. Hope dies survived by two children and one grandchild. The property passes to the two children and the grandchild in the shares they would receive under intestate succession if Hope had died owning the ranch at that moment.
Harold Hunt conveyed Blackacre to his son Hakim Hall and the heirs of his body. Hakim dies without surviving lineal descendants. The estate reverts to Harold's heirs because the fee tail terminates for want of issue.
Select any source to read its text and confirm it supports the definition.
A limitation to heirs of the body designates only lineal descendants who would take by intestate succession from the ancestor at the time of ascertainment. The term issue or descendants may include a broader class without the strict intestate succession reference.
Supporting sources
The property is distributed among class members living when the interest becomes possessory in the shares they would receive under intestate succession if the designated ancestor had then died owning the property.
Supporting sources
Most jurisdictions have abolished fee tails by statute and convert such limitations into fee simple estates, though the phrase retains its definitional meaning for determining the intended class of takers.
Supporting sources
The class is ascertained at the time the prior estate ends and the remainder becomes possessory, including any lineal descendant in gestation at that moment.
Supporting sources
…tail; and decrees aparting entailed estates shall bind the parties and all persons who thereafter claim title to such estate as heirs of their bodies.” [^maj-6]: See footnote 5, supra. [^maj-7]: If the physical partition results in unequal shares, a money award can be made from one tenant to another to equalize the shares. 4A Powell,…