Also known as: and her heirs · and their heirs · heirs
Written by attorneys · grounded in primary & secondary sources — see below
A phrase traditionally required in a conveyance to create a fee simple absolute in the grantee. The words ensure that the estate passes to the grantee's lineal and collateral heirs rather than terminating upon the grantee's death.
Anita Ali conveys land to her son Aaron Adams for life, remainder to Aaron's heirs. When Aaron dies, the property passes to his living descendants under intestate succession rules as if Aaron had died owning the land outright. The class members alive at the time the interest takes effect in possession receive shares determined by the applicable intestacy statute.
Ava Adebayo conveys Blackacre to her brother Andrew Avery and his heirs. The conveyance creates an estate that passes not only to Andrew's lineal descendants but also to his collateral relatives upon his death without issue. The inclusion of the phrase confirms that the full fee simple absolute transfers with unlimited inheritability.
Select any source to read its text and confirm it supports the definition.
Albert Allen dies intestate owning land he received as a gift to him and his heirs. With no surviving spouse, the entire estate passes by representation to Albert's surviving descendants under the governing intestacy provisions. The original words of inheritance ensure the property forms part of Albert's probate estate available for distribution to heirs.
Anika Anand deeds property to herself and her heirs in a trust instrument. The language does not create a reversionary interest in Anika because the doctrine of worthier title has been abolished. The phrase simply identifies the beneficiaries without presumptively returning any interest to the transferor.
A Virginia governor issues a patent granting Northern Neck land to David Hunter and his heirs forever. The words of inheritance confirm that Hunter receives a fee simple absolute that his heirs can assert against later claimants asserting title under state confiscation acts. The estate passes intact through Hunter's line of succession.
Congress enacts a statute providing that certain small fractional interests in Indian trust land held by an owner and his heirs escheat to the tribe upon the owner's death. The statute eliminates the ability of the owner's heirs to receive the interests by descent or devise. The owners and their heirs challenge the provision as an uncompensated taking of property.
The phrase served as words of general inheritance that converted a life estate into a fee simple absolute. Without them, a conveyance to a named person alone typically created only a life estate that ended at the grantee's death.
No. Most states have abolished the requirement by statute or judicial decision. A conveyance to a named person alone now presumptively creates a fee simple absolute unless the deed expresses a contrary intent.
Under Uniform Probate Code section 2-710, language such as 'and his heirs' no longer creates or presumptively creates a reversion in the transferor. The phrase simply designates the beneficiaries of the disposition without triggering the old rule.
Uniform Probate Code section 2-708 directs that the property passes to class members living when the interest becomes possessory, in the shares they would receive under intestacy if the designated ancestor had died owning the property at that time.
…comparison of a probate judge readily setting aside as involuntary the will of an old lady badgered and beleaguered by the new heirs. Ante , pp. 457-458, n. 26. With wills, there is no public interest save in a totally free choice; with confessions, the solution of crime is a countervailing gain, however the balance is…