Also known as: Statute of De Donis · De Donis Conditionalibus · Statutum de Donis · Statute De Donis Conditionalibus
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule enacted in 1285 that converts conveyances using the words 'to A and the heirs of his body' into estates in fee tail. The rule restricts alienation outside the line of lineal descendants in jurisdictions where the statute remains in force without fundamental statutory or judicial modification.
Sean Steele conveyed land to Solomon Silver by deed stating 'unto Solomon and the heirs of his body.' Solomon later attempted to grant a long-term lease with a purchase option to Sierra Solutions. Other family members sued to enjoin the transaction. The court held that the deed created a fee tail that barred the lease because State A retained the unmodified Statute De Donis.
Spencer Silver received land by deed using classic fee tail language. He later contracted to sell the property outright to Skyline Construction. Family members objected that the deed created only a restricted interest. The court ruled that the state statute abolished fee tails and granted Spencer fee simple title that he could convey.
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Yes. The statute converts conveyances using the words 'to A and the heirs of his body' into estates in fee tail that restrict alienation outside the lineal bloodline.
No. Language expressing a purpose such as supporting family endeavors or charitable work does not constitute the fundamental statutory or judicial modification required to alter the traditional operation of the fee tail.
The statute converts attempted fee tails into fee simple estates. The first donee receives a transferable interest that is not limited to a life estate, and the issue receives fee simple absolute.