Also known as: entails · entailed · entailing · entailment · fee tail · fee-tail
Written by attorneys · grounded in primary & secondary sources — see below
An estate in land limited to the grantee's lineal descendants rather than descending to all heirs. The estate arises from language creating a life estate followed by a remainder to the grantee's issue or a designated class of issue. A holder possesses the power to convey interests that a fee simple owner could create but lacks power to devise the land by will.
Emanuel Escobar conveyed Blackacre to his daughter Eva for life with further language directing the land to Eva's children upon her death. The conveyance satisfied the requirements for creating an estate in favor of Eva's issue. Eva therefore holds an estate in entail that passes only to her lineal descendants.
Ethan Evans received a conveyance of Greenacre in language that would have created a fee tail under the Statute De Donis. No state statute or decision had altered the effect of such language. Ethan therefore holds an estate in entail subject to the traditional incidents of that estate.
Select any source to read its text and confirm it supports the definition.
Ezra Eastman held an estate in entail in Whiteacre. He executed an inter vivos conveyance that met the formal requirements for a disentailing deed under state law. The conveyance transferred full ownership to the grantee as if Ezra had held fee simple absolute.
Eduardo Enriquez held an estate in entail in Redacre. He made an inter vivos conveyance that did not satisfy the special formalities required for disentailment. The grantee received an interest that could be defeated upon Eduardo's death by the persons next entitled under the original limitation.
Edward Everett held an estate in entail in Blueacre. He executed a will attempting to devise the land to a friend. The attempted devise had no effect because a tenant in entail possesses no power to pass any interest by will.
Eva Espinosa held an estate in entail in Yellowacre at her death. Her surviving spouse claimed dower. The spouse's interest remained subordinate to any remainder limited upon the estate in fee tail.
Language that limits an estate for life followed by further words purporting to create an estate in the same land in favor of the life tenant's issue or a designated class of issue creates the estate. The limitation must be contained in an otherwise effective conveyance.
No. A person who holds an estate in entail has no power to devise any interest in the land. Any attempted devise is ineffective.
The tenant may create any interest that a fee simple owner could create provided the conveyance meets the special formalities prescribed for a disentailing conveyance under state law. Without those formalities the interest created may be defeated upon the tenant's death.
…of Cleveland are deterred from buying any part of this land because of the existence of the ordinance and the necessity thereby entailed of conducting burdensome and expensive litigation in order to vindicate the right to use the land for lawful and legitimate purposes; that the ordinance constitutes a cloud upon the land,…